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Minutes 04-20-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, APRIL 20, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator Chris Yannuzzi, Code Compliance Coordinator I. Call to Order Carol Ellis, Special Magistrate , called the Hearings to order at 9:16 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 3/16/16 Minutes with Corrections Ms. Ellis approved the minutes with the submitted corrections. IV. Approval of Agenda The following changes to the agenda were announced: Page 1, Case No. 16-222 complied. Page 6, Case No. 15-2746 complied. Page 10, Case No. 15-2748 complied. Page 11, Case No. 16-112 complied. Page 16, Case No. 16-288 was removed. Page 20, Case No. 16-335 complied. Page 24, Case No. 16-394 was removed. Page 43, Case No. 16-555 complied. Page 44, Case No. 16-561 complied. Page 48, Case No. 16-282 complied. Page 56, Case No. 16-494 was removed. Page 59, Case No. 16-526 was tabled for 30 days. Page 61, Case No. 16-211 was closed. Page 65, Case No. 16-285 complied. Page 68, Case No. 16-383 was tabled to May 18, 2016. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Page 71, Case No. 16-519 was tabled to May 18, 2016. Ms. Ellis approved the agenda. Ms. Springer called the roll and determined who was present. V. New Business A. Cases to be Heard – Tabled Case No. 16-258 Armenian Cultural Assn America Property Address: 850 W Boynton Beach Boulevard Type of Property: Vacant Violation(s): LDR CH4 ART9 No excavating, dredging, filling, or grading activity shall commence without first securing the necessary City approvals and permits. 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 at City Hall on March 2, 2016. Date of last inspection was April 18, 2016. There is no health or safety hazard. City recommended 15 days for compliance. Ms. Ellis reviewed the facts of the case. John Kuntzman, Deputy Building Official for the City of Boynton Beach Building Department, said he received a complaint that the land had been cleared (trees had been removed). He said photographs were presented to him and he was asked to visit the property; when he did so, it was apparent that some excavation and clearing was done without permits. Mr. Kuntzman said the photos are in the case file. Mr. Kuntzman explained he first drove by the property and then went into the permitting system to verify permitting or lack thereof. No permits were issued. Ms. Ellis verified that in Mr. Kuntzman’s experience and understanding, it was his opinion that there had been work and no application had been made for permitting. Albert Mazmanian, President of Armenian Cultural Association of America , stated there was no excavation on the property. He spoke with Ed Breese six months ago about obtaining a permit for a sign; he was informed that in order to get a “coming soon” sign permit, he would need full building plans approved before the sign permit. He did not install the sign then. He hired John Brown & Sons to mulch vegetation that was above ground. They did not excavate nor fill. He said the mulch in the photos is from 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 the cleared vegetation. He brought a list of all the plants that they had mulched, except for the Sea Grape trees, which they did not cut. Mr. Mazmanian presented an invoice from John Brown & Sons, and it said they “mowed and cleared” the land. He elaborated that the word “cleared” referred to the removal of trash/junk that had been put on the land by surrounding neighbors. Mr. Mazmanian questioned the meaning of word “clear.” Ms. Ellis said it refers to clearing anything that is native to the land, such as vegetation, with the intent to build on the property. Mr. Mazmanian said the violation did not specify anything about clearing. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016 (to get a clearing permit), or $100 a day. Case No. 15-1962 Duke PGC at Quantum 1 9 LLC – Fantasy Chocolates Inc Property Address: 2045 Highridge Road Type of Property: Commercial Violation(s): CO CH13 SECT 13-16 Boynton Beach Amendment to the Florida Building Code 2014 Ed., 105.1 Fantasy Chocolates Inc. doing business within the City limits without current Business Tax Receipt and permit required as stated in the red tag dated August 24, 2015. Please obtain permits for the rack system or remove. Officer Hart presented the case, which was a City department referral. The initial inspection date was September 11, 2015. It is a repeat violator. Initial notice was September 11, 2015, by written notice. Ten days were given to comply. Notice was sent Certified Mail on February 22, 2016. The rack system has been applied for, and is in Plan Check. Date of last inspection was April 19, 2016. City recommended 60 days for compliance or $400 a day. Ms. Ellis reviewed the facts of the case, noting there was a discrepancy in the address that may have provided incomplete information on the Business Tax Receipt permit. However, Officer Hart said they cannot get the Business Tax Receipt without the rack system being permitted first. The repeat violation is for the Business Tax Receipt for the property owner, Duke Realty. Randall Gardner , 3230 NW 65 Street, Fort Lauderdale, appeared on behalf of Fantasy Chocolates. He is the facility manager for the parent company, BBX Capital. He 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 thought the Business Tax Receipt had already been rectified. He described the difficulties encountered with contracting for the installation of the racking system. Mr. Gardner said everything has been installed according to manufacturer’s specifications now, and he did not anticipate problems with the permit. Decision Ms. Ellis ordered a 60-day compliance date of June 29, 2016, or $400 a day. Case No. 16-308 Nicholas Menzione & Rima Toumani Property Address: 575 E Ridge Circle South Type of Property: Single family home, non-homesteaded Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Please obtain permits for the air conditioner window replacement and door installation done without a permit. See attached red tag. Officer Hart presented the case, which was a City department referral. The initial inspection date was February 11, 2016. It is not a repeat violator. Initial notice was February 11, 2016, by written notice. Ten days were given to comply. Notice was posted on the property and at City Hall on April 8, 2016. Permits were applied for on April 13, 2016, and as of yesterday, April 19, 2016, they are still in Plan Check. Date of last inspection was April 19, 2016. City recommended 60 days for compliance or $100 a day. Ms. Ellis reviewed the facts of the case. Officer Hart explained the windows were boarded up the first time he went out to inspect, but the new windows and door were put in without permits. Nicholas Menzione, owner of the property , said he has a permit. When he applied for the permit, he discovered he had to obtain a Notice of Commencement due to the amount of the work. He is in the process of doing that. Decision Based on the testimony and given the fact that application has been made, Ms. Ellis ordered a 60-day compliance date of June 19, 2016 or $100 a day. B. Cases to be Heard – New Case No. 16-333 Oakwood Square E & A LLC Property Address: 328 N Congress Avenue 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Type of Property: Commercial Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Permits required for eight air- conditioning units, fire alarm, burglar alarm, and signs. Please contact the Building Department in reference to expired permits #12-2186, #09-1077, #09-193, and #06-3621. Officer Cain presented the case, which was a City department referral. The initial inspection date was February 9, 2016. It is not a repeat violator. Initial notice was March 9, 2016, by written notice. Ten days were given to comply. Green card was signed but not dated. Date of last inspection was April 18, 2016. City recommended 15 days for compliance or $100 a day. Ms. Ellis reviewed the facts of the case. Officer Cain commented that he had been informed (verbally) they have applied for the permits, but nothing is issued yet. The violation applies to the whole shopping center. Hannah Turner, representing Oakwood Square E & A LLC , said the violations are for Medical Consultants, a tenant. She said the sprinkler inspection/repairs were done on this day, the sign is being replaced, and the alarm company has submitted for permit. She stated that Oakwood Square is responsible for the HVAC, and she is in contact with them. She thought they could comply in 15 days. Decision Ms. Ellis ordered a 15-day compliance of May 5, 2016, or $100 a day. Case No. 16-439 Gallen E. Wifholm & Anne M. Wifholm Property Address: 2018 S Federal Highway Type of Property: Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Please secure permits for the remodel work being done in bathroom, kitchen and laundry room, as stated in the red tag dated February 19, 2016. Officer Cain presented the case, which was a City department referral. The initial inspection date was February 23, 2016. It is not a repeat violator. Initial notice was March 3, 2016, by written notice. Ten days were given to comply. Green card was 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 signed but not dated. Date of last inspection was April 18, 2016. City recommended 15 days for compliance or $100 a day. Ms. Ellis reviewed the facts of the case, and Officer Cain said he was not aware of any permit applications. Anne Wifholm, owner of the property , said she had been working with John Kuntzman, and has hired a contractor. She stated that the contractor is preparing architectural drawings (she does not live in the property while it is being renovated), but she did not believe they had made application for a permit. Ms. Wifholm said she became aware the prior day of the red tag when she received the violation in the mail. Ms. Wifholm presented the letter informing her of the violation. Ms. Ellis stated she was looking at a letter dated April 19, 2016, from DC Construction Associates with a reference to Case #16-439 regarding the 2018 S Federal Highway property. She read the letter as follows: “Please let this letter serve as acknowledgement that we are in the process of obtaining drawings for permit from JSR Design Group. We expect to have permit ready drawings within the next two weeks for submittal to the Building Department. If you need further proof of this, feel free to contact Mr. John Reed of JSR Design Group. Signed, DC Construction Associates.” Based on the letter, Ms. Ellis determined that Ms. Wifholm had made efforts to comply and hired a contractor to do the drawings. Their intent is to submit their drawings to the Building Department. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. Case No. 16-192 Kendrick Soares Property Address: 5 Eaton Place Type of Property: Violation(s): CO13 CH13 SECT 13-16 CO13 CH13 SECT 13-7 INC 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Obtain permits from Building Department for work being done at your residence, as noted in the red tag dated January 22, 2016. Apply for and pass inspection for the Business Tax Receipt License and a Certificate of Use for Occupancy for rental. 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Officer Weixler presented the case, which was a City department referral. There was a red tag from the Building Department. It is not a repeat violator. Initial notice was January 26, 2016, by written notice. Ten days were given to comply. Green card was mailed on March 11, 2016. The signed green card was received on March 22, 2016. Utility shows that Ryan Heelan as owner and paying water bills as of December 14, 2015. They pulled a permit for the kitchen and bath, which is in Plan Check, but they failed to pull a permit for the windows, air conditioning, and garage door. City recommended 30 days for compliance at May 20, 2016, or $150 a day. Ms. Ellis reviewed the facts of the case, and Officer Weixler said it appears to be a rental property. A contractor to doing the work on the property , said he is working on the revisions from the Building Department for the air conditioning. He said Mr. Kuntzman had removed the garage from the violation, since there was nothing done to the garage door. Officer Weixler advised that if anything is removed by the Building Department, it has to be in writing and sent to him. Patrick Soares represented his brother Kendrick Soares. Mr. Kuntzman stated he was at the property for a roof permit and noted work that had been done. He reported that the Stop Work order was posted for windows, garage doors, and wall repair without permits and removal of screen enclosure. When the owners allowed him to do a walk-through, he noticed the two remodeled bathrooms, new windows on the south side of the building, and exterior wall repair. Mr. Kuntzman determined that the garage door was not brand new. He observed the kitchen had probably been remodeled and a screen enclosure had been removed as evident by markings on the patio slab and vertical markings on the building. Electric had been cut and not properly made safe. Mr. Kuntzman said the garage door should not be in the violation. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $150 a day. Case No. 16-213 Aretina Knowles Property Address: 3360 E Olympic Drive Type of Property: Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Remove habitable structure in backyard and obtain the appropriate permits from the Building Department. 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Officer Weixler presented the case, which was a City department referral. Initial inspection date was January 29, 2016, and there was a red tag. It is not a repeat violator. Written notice was first given on January 29, 2016. Property was posted on April 7, 2016. Date of last inspection was April 19, 2016. City recommended 30 days for compliance at May 20, 2016, or $150 a day. Ms. Ellis reviewed the facts of the case. Officer Weixler advised that the owner had applied for a demolition permit, and that is why he wanted to give them 30 days to comply. Officer Weixler presented photos of the structure. Aretina Knowles, owner of the property , stated that the photos represented the structure in question. She said it was her intent to remove the structure, and she had made application for a demolition permit. She did not have a copy of the application. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $150 a day. Case No. 16-347 Florida Investment & Trade LLC Property Address: 700 W Industrial Avenue Type of Property: Warehouse Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Please secure permits for the interior buildout done in Unit 12, as stated on the red tag dated February 16, 2016. Officer Cain presented the case, which was a City department referral. Initial inspection date was February 10, 2016. It is not a repeat violator. Written notice was first given on March 3, 2016. Ten days were given to comply. Green card was signed but not dated. Date of last inspection was April 19, 2016. City recommended 15 days for compliance at May 5, 2016, or $100 a day. Ms. Ellis reviewed the facts of the case, noting the violation is against the owner of the warehouse. Officer Cain was not aware of any application being made as of this day. Cem Ekmekci, owner of the property, understood the violation. He said the tenant needs two weeks to demolish what was done in the warehouse, and he will apply for the permit. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Case No. 15-2678 Florida Investment & Trade LLC Property Address: 555 N Railroad Avenue Type of Property: Commercial Violation(s): LDR CH4 Article 111, Section 11 CO CH10 SECT 10-56 (D) CO CH10 SECT 10-52 CO CH15 SECT 15-120 (B) INC CO CH15 SECT 120 (D) INC Please remove all unregistered vehicles from property. Re-sod swale area. Remove all materials stored outside, as well as trash and debris. Replace all missing dead shrubbery. Repair, reseal, restripe parking lot. Paint exterior building. . Officer Hart presented the case, which was a City department referral. Initial inspection date was December 7, 2015. It is a repeat violator. Initial notice was given on December 7, 2015, via written notice. Thirty days were given to comply. Proof of service was March 11, 2016, and the green card was dated March 14, 2016. All the violations except the unregistered vehicles have complied. Date of last inspection was April 19, 2016. City recommended 10 days for compliance at April 30, 2016, or $200 a day. Officer Hart requested a Cease and Desist order for the unregistered vehicles since it is an ongoing issue. Ms. Ellis reviewed the facts of the case, Cem Ekmekci, owner of the property, thought that all cars have valid tags. He said that all the cars belong to one of his tenants. Officer Hart presented photos of the vehicles, showing two cars bearing the same tag number. He said many of the vehicles have temporary tags that are not current. Officer Hart added that the tenant is not allowed to store vehicles there. Mr. Ekmekci requested a formal letter about the vehicle problem so that he could take action, and Officer Hart said he would contact the Business Tax Office and ask that they send such a letter. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $200 a day. Ms. Ellis also issued a Cease and Desist Order effective April 21, 2016, due to the re-occurring issue of unregistered vehicles on the property with an automatic $250 fine. 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Case No. 15-2744 206 Boynton LLC Property Address: 400 E Boynton Beach Boulevard Type of Property: Violation(s): LDR CH4 Article 3, Section 11 Please resurface and restripe parking lot. Officer Cain presented the case, which was a routine inspection. Initial inspection date was December 10, 2015. It is not a repeat violator. Initial notice was given on December 10, 2015, via written notice. Thirty days were given to comply. Green card was signed but not dated. Date of last inspection was April 18, 2016. City recommended 30 days for compliance at May 20, 2016, or $100 a day. Ms. Ellis reviewed the facts of the case. Officer Cain reported the owners are making an attempt to comply, and permits are in. He presented photos of the property. Francis Delmada and Arthur Delmada, owners of the property , appeared. Mrs. Delmada said they repaired the parking lot as best they could right after getting the violation notice. She said that when she went to get plans to help with the restriping, because it is an older building, it “opened a can of worms.” She hired an architect; she met with Mr. Breese and Mr. Mack to guide her through the available options, and she prepared for a CRA grant. Mrs. Delmada said they were delayed by her tenant’s request for a dumpster, which necessitated plan changes. Approval for that was obtained the prior day through Mr. Breese. Mrs. Delmada delineated all the meetings she has gone through, and said she is almost ready to submit to the CRA by the end of April. The CRA meets on May 10, 2016, and then they have to pull permits. Mrs. Delmada presented plans and the CRA application. She hoped she would be notified on May 10, 2016, as to the outcome of her application. Mr. Delmada spoke of the items associated with the parking lot, such as irrigation, landscaping plans, etc. He was not sure they could get everything done in 30 days. Officer Cain recommended 90 days. Decision Ms. Ellis ordered a 90-day compliance date of July 19, 2016, or $100 a day. She recommended that they stay in communication with the Code Officer; she will leave it up to him to grant an extension if needed. Case No. 16-204 Christopher Ryan Property Address: 123 SW 14 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13-13-7 INC 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 CO CH13 Art1 SECT13-16 CO CH15 SECT 15-120 (D) INC CO CH15 SECT 15-120 (E) INC Paint your house (exterior). Officer Cain presented the case, which was a citizen complaint. Initial inspection date was January 27, 2016. It is not a repeat violator. Initial notice was given on February 12, 2016, via written notice. Thirty days were given to comply. Green card was signed March 24, 2016. Date of last inspection was April 18, 2016. City recommended 30 days for compliance at May 20, 2016, or $100 a day. Officer Cain said that the trimming of the tree around the pole and the license part of the case have complied. All that remains is the painting of the house. Officer Cain presented photos. Ms. Ellis reviewed the facts of the case. Christopher Ryan, property owner , said the photo represented his property. He said he came in five years ago and was ordered to install sprinklers, which have stained the house. If he paints the house, the stains will reappear. He asked if he could paint it any color, and Ms. Ellis replied in the affirmative. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. Case No. 16-297 Darlene L. Delano Property Address: 3221 Chapel Hill Boulevard 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 Business Tax Receipt and Certificate of Occupancy for rental property. Officer Pierre presented the case, which was a City department referral. It is not a repeat violator. Ten days were given to comply. Green card was signed March 17, 2016. There is no health or safety hazard. City recommended 10 days for compliance at April 30, 2016, or $100 a day. Ms. Ellis reviewed the facts of the case. Officer Pierre said Ms. Delano applied, but the inspection failed. She is now in the process to get everything done. The items that failed were sprinkler system, remove used tires from the property, and install smoke detectors. 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Darlene Delano, owner of the property , stated that she understood the violations and all work had been done. Part of the delay was scheduling inspections. She suggested notifying the landlord as well as the tenant as to items needed fixing. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-305 Cheryl L. Thompson Property Address: 168 SE 27 Place Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-56 (D) Sod the front yard, install house number minimum size four inches to be visible from the street. Officer Pierre presented the case, which was a routine inspection. He said the house number is complied. Green card was signed on March 21, 2016. It is not a repeat violator. City recommended 30 days for compliance at May 20, 2016, or $50 a day. Officer Pierre presented photos of the property. Cheryl Thompson, owner of the property , said the photos represented her property. She said she is working on the front yard. Decision Ms. Ellis ordered a 30-day compliance at May 20, 2016, or $50 a day. Case No. 16-307 Dianne R. Rowley & James A. Rowley Property Address: 172 SE 27 Place Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-56 (D) Sod the front yard, install house number minimum size four inches to be visible from the street. Officer Pierre presented the case, which was a routine inspection. Green card was signed on March 4, 2016. The house number is complied. City recommended 30 days for compliance at May 20, 2016, or $50 a day. Officer Pierre presented photos of the property. 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 James Rowley and Diane Rowley, owners of the property , stated that the photos represented their property. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $50 a day. Officer Pierre advised the owners that only 100 square feet of mulch is allowed. They have too much; in the rain it will go to the sewer and block the system. Case No. 16-511 Rachel G. Floyd Property Address: 2217 SE 4 Street Type of Property: Single-family home, 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 Occupancy for rental property. Officer Pierre presented the case, which was a City department referral. It is not a repeat violator. Ten days were given to comply. Green card was signed on April 5, 2016. City recommended 10 days for compliance at April 30, 2016, or $100 a day. Officer Pierre presented photos of the property. Ms. Ellis reviewed the facts of the case. Ruth Salmon, authorized representative for Rachel Floyd, presented a letter written by Ms. Floyd. Ms. Ellis reviewed the letter which stated that she received a violation in March for a Certificate of Occupancy for rental property, and the Business Tax Receipt. She said she immediately called and explained she had not received any prior notice. She made a payment and apparently it was incorrect; then she paid the full amount. She stated that she spoke to a Code Enforcement Officer to schedule an appointment for the inspection, which should have been April 19, 2016. She was not able to meet on that date because the workmen had some issues, and the work was not completed on time. She requested an extension. She hoped it would be ready by April 22, 2016. Decision Based on the letter, Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-525 Dieusauvens Jean Property Address: 2170 S Seacrest Boulevard Type of Property: Single-family home, homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-17 INC 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Apply for and pass inspection for Business Tax Receipt for rental property. Tenant apply for and pass inspection for operating an adult congregated living facility. Officer Pierre presented the case, which was a citizen complaint. It is not a repeat violator. Ten days were given to comply. Notice was posted on property and City Hall on April 8, 2016. City recommended 10 days for compliance at April 30, 2016, or $100 a day. Officer Pierre stated that the owner has a license, and he did an inspection. She failed the inspection, but corrected everything that needed to be fixed. She has her license, but the tenant needs to pass the inspection. Officer Pierre said he needs to verify how many people are living there, as there is a limit of six. Carline St. Felix, on behalf of the owner , said that the tenant informed her that an inspection was scheduled for April 21, 2016. She wanted to verify that, and Officer Pierre believed it was so scheduled. Ms. Ellis was curious how long the tenant had been operating the facility, and Ms. St. Felix said it was several months. She said it is a rehabilitation facility with six residents. She said they have applied for their license. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $300 a day. Case No. 16-317 WPB Properties LLC Property Address: 128 Ocean Court Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-17 INC Apply for and pass inspection for Business Tax Receipt for rental property. Tenant apply for and pass inspection for operating an adult congregated living facility. Officer Weixler presented the case, which was a City department referral. Initial inspection date was February 5, 2016. It is not a repeat violator. Notice was posted on property and City Hall on April 1, 2016. The respondent renewed a lapsed Business Tax Receipt on April 8, 2016. Upon so doing, they were issued a Business Tax Receipt immediately. Officer Weixler said they showed the Building Department their error and received an email confirming that they rescinded the 2016 Business Tax Receipt pending his inspection. City recommended 15 days for compliance date at May 5, 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 2016, or $100 a day. He said the inspection has not yet been scheduled. Ms. Ellis reviewed the facts of the case. Daniel Boehmer, representing West Palm Beach Properties LLC , said he personally paid for the 2015 and 2016 Business Tax Receipts. Mr. Weixler confirmed that when he went in to pay for the lapsed 2015 license and the 2016 license, the Building Department automatically issued a license. However, an inspection was supposed to occur. Mr. Boehmer said that Officer Cain inspected the property on April 18, 2016. Ms. Ellis stated she was just provided a letter from the owner of the property as follows: The letter was dated April 20, 2016. “I am currently out of the country, and this is the reason why I have asked Dan Boehmer to represent me. We applied for the Business Tax and at the time of the inspection, the inspector informed us of the need to replace the roof. I will hire a contractor to replace the roof once the tenant moves out. The tenant is now in the process of moving and gave me a move-out date of on or before May 31. The tenant is an older lady and needs the time to move. Once the roof has been replaced, we will no longer rent the property. It will then be on the market for sale.” Ms. Ellis said the issue was that the owner is receiving income without a proper license. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. IV. OLD BUSINESS A. Lien Penalty Certifications – New Case No. 15-2752 IH4 Properties Florida LP Property Address: 84 Sandpiper Way Violation(s): CO CH13 ART 1 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for the Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Hart presented the case. The notice of violation date was December 11, 2015. The Magistrate hearing was February 17, 2016, and no one appeared. The compliance date was set at February 27, 2016. The fine proposed by the Magistrate was $200 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 52 days of non-compliance at $200 a day plus administrative fees of $634.12. Ms. Ellis reviewed the facts of the case. 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Roxanne Wallace, Portfolio Director for the home , did not know when the owner purchased the property. She put in a check request for the Business Tax License in March, and she thought the application had been made. She had no evidence of such. No inspection had been made. Ms. Ellis asked why nobody appeared at the February hearing, and Ms. Wallace did not know. Ms. Ellis explained the procedure of lien certification. Decision Based the testimony given, Ms. Ellis certified the fine of 52 days at $200 per day plus administrative fees of $634.12. Case No. 16-255 Tales Gresseau & Jean Arcelin Property Address: 1615 NE Second Street Violation(s): CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-52 Please repair and weed chain link fence. Remove all inoperable and unregistered vehicles from the property. Officer Hart presented the case. The notice of violation date was February 1, 2016. The Magistrate hearing was March 16, 2016, and no one appeared. The compliance date was set at March 26, 2016. The fine proposed by the Magistrate was $200 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 24 days of non-compliance at $200 a day plus administrative fees of $634.12. Officer Hart presented a photo taken April 19, 2016. Ms. Ellis reviewed the facts of the case. Jean Arcelin, owner, and her sister said nobody was at the hearing in March because Mr. Arcelin did not know somebody could appear for him, so he did not let anybody know. She said he understands the nature of the violation, and said that all that is left is to repair the fence. She said the vehicle was removed as of the prior evening, but there was no evidence of that. Officer Hart said it was a repeat violator, but he did not know the nature of the previous violation. It was explained that the prior violation related to the vehicles. Decision Based the testimony given, Ms. Ellis gave them until April 27, 2016, to fix the fence. If it is not fixed by then, the lien will be certified. She also issued a Cease and Desist Order for any unauthorized vehicles in the future at $100 per occurrence beginning April 21, 2016. 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Case No. 15-2534 Carline St. Felix Property Address: 1615 NE Second Street Violation(s): CO CH13 SECT 13-7 INC CO CH13-16 Apply for and pass inspection for Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Pierre presented the case. The notice of violation date was November 9, 2015. The Magistrate hearing was February 17, 2016, and no one appeared. The compliance date was set at February 27, 2016. The fine proposed by the Magistrate was $100 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 52 days of non-compliance at $100 a day plus administrative fees of $634.12. Ms. Ellis reviewed the facts of the case. Carline St. Felix, owner , said it is a duplex, and one side is rented. The tenant has been there for six months. She said she applied for the Business Tax Receipt but did not realize at the time that she had to call for inspection. She did not attend the February hearing because she was out of town. She said she purchased the property in 2005. Decision Based on the testimony given, Ms. Ellis certified the fine. Case No. 16-182 Daverne Jean Property Address: 2950 SE 2 Street Violation(s): CO CH13 SECT 13-7 INC CO CH13-16 Apply for and pass inspection for Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Pierre presented the case. The notice of violation date was January 21, 2016. The Magistrate hearing was March 16, 2016, and no one appeared. The compliance date was set at March 26, 2016. The fine proposed by the Magistrate was $200 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 24 days of non-compliance at $200 a day plus administrative fees of $634.12. Ms. Ellis reviewed the facts of the case. Officer Pierre said they have a permit for the fence and they fixed the window; the only item left is the license. 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Daverne Jean, owner of the property , said he rents the property and the tenant runs a rehabilitation business. Ms. Ellis said two Business Tax Receipts are outstanding – one for the owner to rent, and one for the tenant to run the rehabilitation facility. Mr. Jean said he could not apply for the licenses due to prior liens on the property. Ms. Springer clarified that when the case is for a Business Tax License in order to satisfy that lien, the Building Department has to let the person apply for it. She will clear up the misunderstanding with the Building Department. Decision Based on the testimony, Ms. Ellis tabled the case for 30 days to May 18, 2016, to allow for research on the case. Case No. 16-5 Jean Pedro & Jean Baptiste Property Address: 2541 N. Seacrest Boulevard Violation(s): CO CH13 SECT 13-16 CO CH13-7 INC CO CH14 SECT 14-3 CO CH15 SECT 15-120 (D) INC Apply for and pass inspection for Business Tax Receipt for rental property. Remove illegally parked box truck. Repair or remove the broken fence. Remove all trash and debris and inoperable vehicles. Officer Weixler presented the case. The notice of violation date was January 4, 2016. The Magistrate hearing was February 17, 2016, and no one appeared. The compliance date was set at February 27, 2016. The fine proposed by the Magistrate was $250 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 52 days of non-compliance at $250 a day plus administrative fees of $634.12. Officer Weixler presented photos that were taken April 19, 2016, which showed that all violations still exist. He said the respondent notified him on this day that there are mitigating circumstances concerning the tenant. Lumos Dominique, wife of Jean Pedroa friend of Jean Pedro, , and appeared. It was noted Ms. Pedro was in the process of moving vehicles to a new storage location. However, the tenants are Pedro Jean’s wife and daughter and they do not pay rent. Mr. Montesere said no one appeared at the February 17, 2016, hearing because Mr. Jean is not living at the house, and Mrs. Jean was not aware that she could come and represent Mr. Jean. Receipts were presented. Officer Weixler reported that Ms. Jean explained that the case began with the previous tenant. There was an indication that Mr. Jean could not attend on this day because he 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 is incarcerated. Ms. Ellis reviewed the history of the case, and Ms. Springer said that Mr. Jean is the property owner, not claiming homestead exemption; however, a different name (Ms. Dominique) came up on the water bill. Ms. Ellis said it was possible that there was no need for a Business Tax Receipt. Officer Weixler commented that when he photographed the property on January 4, 2016, there were three black males who said they were the tenants there. They were told to remove the box truck, but became very hostile towards him, and said they would not remove the truck. Decision Based on the testimony, Ms. Ellis certified the fine. V. New Business B. Cases to be Heard – New Case No. 16-536 Sway 2014 I Borrower LLC Property Address: 130 SW 7 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH14 SECT 14-3 CO CH15 SECT 15-120 (D) INC Remove all over-sized vehicle/school bus from property. Please mow and weed all over rest of property. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was March 8, 2016. It is not a repeat violator. Initial notice was given on March 8, 2016, via written notice. Ten days were given to comply. Notice was sent Certified Mail on March 23, 2016. Green card was dated March 30, 2016. The property has been mowed and weeded, but the over-sized vehicle/school bus still exists. Date of last inspection was April 19, 2016. City recommended 10 days for compliance at April 30, 2016, or $100 a day. Officer Hart presented a photo of the property. Julie Hynds, property manager for Sway 2014 I Borrower LLC, said they had notified the resident on two occasions. The owner explained they are trying to “shift the bus” somewhere. They will post a 7-day cure notice on this day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-576 Adalwin LLC 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Property Address: 174 S Palm Drive Type of Property: Single-family home, non-homesteaded Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2014 Ed. Obtain water heater permit. Officer Weixler presented the case, which was a City department referral. Initial inspection date was March 11, 2016. It is not a repeat violator. Green card was mailed on March 11, 2016, via written notice. Ten days were given to comply. Notice was sent Certified Mail on March 23, 2016. Signed green card was received on March 29, 2016. A second and final plumbing inspection was scheduled for April 19, 2016, but the inspector was not allowed in for the second time. City recommended 30 days for compliance at May 20, 2016, or $150 a day. Julie Hynds, representing Adalwin LLC , stated they have made numerous attempts to schedule the inspection with the resident, which she recounted. She is calling the inspection in again for the morning of April 21, 2016, and the resident said she would not leave. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $150 a day. VI. OLD BUSINESS A. Lien Penalty Certifications – Tabled Case No. 15-2550 Adalwin LLC Property Address: 174 S Palm Drive Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-16 Apply for and pass inspection for the Business Tax Receipt and Certificate of Use of Occupancy for the rental. Officer Weixler presented the case, which was a City department referral. Initial inspection date was November 10, 2015. Magistrate hearing was January 20, 2016. Julie Hynds for Adalwin LLC appeared. Compliance date given was January 25, 2016, or $500 a day. Property was last inspected on April 19, 2016, and the violation still exists. There are 85 days of non-compliance at $500 a day plus the administrative fees in the amount of $730.15. 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Julie Hynds, representing Adalwin LLC , stated they are pending compliance of the hot water heater final inspection in order to comply. Decision Ms. Ellis ordered the case tabled to May 20, 2016. B. Lien Penalty Certifications – New Case No. 15-2706 Sway 2014 I Borrower LLC Property Address: 231 SW 5 Avenue Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for the Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Cain presented the case. The notice of violation date was February 8, 2015. The Magistrate hearing was February 17, 2016, and the respondent appeared. The compliance date was set at February 27, 2016. The fine proposed by the Magistrate was $500 a day plus administrative fees. The property was inspected on April 19, 2016, and the violation still exists. There have been 52 days of non-compliance at $500 a day plus administrative fees of $634.12. Ms. Ellis reviewed the facts of the case. Officer Cain said they did one inspection, which failed. They attempted to do another inspection, but the tenant was not there, so they are waiting to reschedule. Julie Hynds, representing Sway 2014 I Borrower LLC , added that after they applied and had the first inspection, there was a long list of items that they complied, such as removal of boat and re-sodding. One of the interior items was replacement of smoke detectors; the resident said they were out of the country and could not make the inspection. Decision Ms. Ellis ordered a 7-day compliance date of April 27, 2016, or the fine stands. Case No. 16-84 Beauly LLC Officer Pierre asked the Magistrate to table the case for 30 days. Decision Ms. Ellis tabled the case for 30 days to May 18, 2016. 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 E. Lien Reductions Case No. 15-443 Adalwin LLC Property Address: 411 NW 13 Avenue Violation(s): CO CH10 SECT 10-56 D Secure property, repair broken windows. Ms. Springer presented the case. Notice of violation was sent on February 25, 2015. The Code hearing was on July 15, 2015, and no one appeared. Compliance date and fine set was July 25, 2015, or $500 a day. Case came into compliance on February 26, 2016; there were 215 days of non-compliance at $500 a day for a total lien of $107,500 plus administrative fees of $634.12. There were no outstanding water bills, taxes, or other issues. When the inspection for lien reduction was done on February 26, 2016, it was found that they needed sod, some fascia wood, and soffit repair. When re- inspected on April 7, 2016, it was satisfactory for lien reduction. Julie Hynds, representing Adalwin LLC, stated that they tried to keep the property secure by boarding it up, but there were constant break-ins due to the boards being removed. There is now a buyer for the property. She presented an invoice for the repairs totaling $1,160. Decision Based on the testimony, Ms. Ellis reduced the lien to $10,000 plus the administrative fees of $634.12. Case No. 14-2604 David M. Wilson Property Address: 215 NW 6 Avenue Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Mr. Yannuzzi presented the case. Notice of violation was sent on November 20, 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 December 17, 2015; there were 319 days of non-compliance at $100 a day for a total lien of $31,900 plus administrative fees of $634.12. There was an outstanding water bill for $104.31, which has been paid. The City was contacted on December 28, 2015, for lien reduction. Inspection was done on January 17, 2016, where they found violations of rotted wood including area over water heater, storage, sod the yard, and paint the house. Re-inspection done on March 18, 2016, and all issues were complied. 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Attorney Justin Plean, on behalf of the property owner Christiana Trust , explained the history of the property. He said Christiana Trust was the first mortgagee of the property that was in foreclosure against the prior owner, David Wilson. Christiana Trust obtained a foreclosure judgment against Mr. Wilson in August, 2015. Mr. Wilson filed bankruptcy proceedings, which stayed the foreclosure proceedings – this delayed bringing the property into compliance. In August of 2015, Mr. Wilson tried to contest the sale, and ultimately Christiana Trust had to evict Mr. Wilson and other tenants. He presented a copy of the foreclosure Court docket. On December 9, 2015, a writ was issued, and that was the earliest day they could legally enter onto the property. An attempt to sell the property fell through. They then contacted the City to find out what needed to be done to bring it into compliance, and spent $5,300 fixing the violations. Christiana Trust maintains that the City’s lien was an inferior lien against the property and was also foreclosed. The lis pendens for the foreclosure had been filed in 2011. Ms. Ellis reviewed the facts of the case. Since there was a legal argument, Ms. Ellis requested a memorandum of law on why the Christiana Trust is taking their position. Mr. Plean requested that the lien be reduced to the administrative costs. Decision Ms. Ellis ordered the case tabled until June 15, 2016, so that Mr. Plean can provide something in writing that cites the cases and the statute in support of the argument of why the lien was extinguished in the foreclosing proceedings. She requested the documents within 20 days for the City Attorney. Case No. 11-3289 7 Eleven Inc Property Address: 850 Gateway Boulevard Violation(s): 105.1 Boynton Beach Amendment to the Florida Building Code, 2007 Ed. Permits required for remodeling as noted in red tag. Mr. Yannuzzi presented the case. Notice of violation was sent on December 6, 2011. The Code hearing was on December 15, 2012, and Daniel Marino appeared. Compliance date and fine set was March 31, 2012, or $200 a day. Case came into compliance on June 25, 2015; there were 1,180 days of non-compliance at $200 a day for a total lien of $236,000 plus administrative fees of $730.15. There were no outstanding water bills, taxes or other issues. Inspection was done on March 18, 2016, where they found a broken clean-out for the sewer system. Re-inspection done on March 24, 2016, and all issues were complied. Ms. Ellis reviewed the facts of the case. Joseph Bishop, representative of 7 Eleven Inc , said the business had been operating as a 7 Eleven since the date of violation. He said the corporation wants to 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 reduce the lien so they can move forward with another property acquisition in Boynton Beach, which they are for approximately $1.1 million. Decision Based on the testimony, Ms. Ellis ordered the lien reduced to $15,000 plus $730.15 of administrative costs. Case No. 14-2177 Andra Jackson Property Address: 558 NW 9 Avenue Violation(s): CO CH15 SECT 15-120 (D) INC CO CH15 SECT 15-20 (B-1) Mow and trim property and swale area near road. Mr. Yannuzzi presented the case. Notice of violation was sent on September 18, 2014. The Code hearing was on November 19, 2014, and no one appeared. Compliance date and fine set was November 29, 2014, or $150 a day. Case came into compliance on February 27, 2015; there were 89 days of non-compliance at $150 a day for a total lien of $13,350 plus administrative fees of $634.12. There were no outstanding water bills, taxes, or other issues. Inspection was done on March 16, 2015, when a permit for a shed and inoperable vehicles were found to be in violation. Re-inspection was done on March 24, 2016, and all issues were complied. Andra Jackson, owner of the property , said he never got a notice of violation. He said the vehicle was operable, not abandoned. Mr. Yannuzzi presented photos from the original violation. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus the administrative costs of $634.12. Case No. 13-872 Christopher J. Brebbia Property Address: 211 SE 4 Avenue Violation(s): CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-56 (A) CO CH10 SECT 10-56 (B) Remove all outside storage and inoperable vehicles. Mr. Yannuzzi presented the case. Notice of violation was sent on April 30, 2013. The Code hearing was on June 19, 2013, and no one appeared. Compliance date and fine 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 set was July 19, 2013, or $500 a day. Case came into compliance on March 31, 2016; there were 985 days of non-compliance at $500 a day for a total lien of $492,500 plus administrative fees of $634.12. There were outstanding water bills totaling $1513.25 that were paid. Property taxes of $4,446.36 were paid. There was no Business Tax Receipt for rental property since 2012. The Business Tax Receipt had to be renewed. Inspection was done on March 31,2016, and they are in complete compliance. Christopher Brebbia, owner of property, said he was not aware that he was out of compliance. Any notifications sent to him were delivered to a faulty address that was two houses away. The original violation arose from the actions of a tenant named Charles Owen. Mr. Brebbia said he spoke to a Code Officer during the week of April 30, 2013; he stayed in contact with him by phone until the tenant was evicted. He said he did everything he was supposed to do. He said he had problems with the tenant becoming violent and making death threats. He put the property up for sale, and has a contract for $115,000; the buyer is waiting for the outcome of the lien reduction hearing. He presented current photos of the property. Mr. Yannuzzi presented photos from the original violation, and he asked for Mr. Brebbia’s current address. Mr. Brebbia said it is the address all his mail goes to, except for this particular item: 10088 45 Way South, Boynton Beach, 33426. He said he experienced personal difficulties during that time. Decision Based on the testimony, Ms. Ellis reduced the lien to $8,500 plus the administrative costs of $634.12. Case No. 15-237 HNG LLC Property Address: 521 SW 1 Court Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Inside repairs: toilet, dryer, range, dishwasher and electric. Mr. Yannuzzi presented the case. Notice of violation was sent on January 28, 2015. The Code hearing was on March 18, 2015, and no one appeared. Compliance date and fine set was March 28, 2015, or $100 a day. Case came into compliance on March 17, 2016; there were 354 days of non-compliance at $100 a day for a total lien of $35,400 plus administrative fees of $634.12. There were no water bill or tax issues outstanding. It was originally inspected on February 23, 2016, and violations were observed for sod, restriping parking lot, and fix dryer vent. The re-inspection was done on March 17, 2016, and it is in compliance. 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Vincent Langoni, appearing for HNG LLC , said the owner is an Argentine citizen who was in Miami. He had to travel back to Argentina for health reasons and left this property in care of a property manager. All the notices had been going there until late 2015, when a different property management company took over. He has been helping them get the property back on track. Decision Based on the testimony, Ms. Ellis reduced the lien to $1500 plus the administrative costs of $634.12. Case No. 15-1285 James Latham & Nicole A. Latham Property Address: 603 SW 3 Street Violation(s): CO CH15 SECT15-120 (D) INC Commercial trailer must be parked on a hard surface. Remove debris, including used tires. Repair driveway. Mr. Yannuzzi presented the case. Notice of violation was sent on May 18, 2015. The Code hearing was on July 15, 2015, and no one appeared. Compliance date and fine set was July 25, 2015, or $50 a day. Case came into compliance on January 21, 2016; there were 179 days of non-compliance at $50 a day for a total lien of $8,950 plus administrative fees of $634.12. There were no water bill or tax issues outstanding. It was inspected on January 19, 2016, and violations were observed to remove an unpermitted storage room on the east side, remove debris, sod swale, repair driveway, fix fence, remove unregistered trailer, weed driveway, and fix light fixture. Re-inspection was on March 17, 2016, and everything was in compliance. Nicole Latham, previous owner , said she found out about the lien when she sold the property. She did not know she was out of compliance until a few days before the sale closed. After that, she fixed the items. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $634.12. Case No. 14-2369 Frederic Fortier Property Address: 64 Paxford Lane Violation(s): CO CH13 SECT 13-16 Pass inspection for Business Tax Receipt. . 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Mr. Yannuzzi presented the case. Violation date was October 17, 2014. The Code hearing was on April 15, 2015, and no one appeared. Compliance date and fine set was April 25, 2015, or $500 a day. Case came into compliance on July 30, 2015; there were 95 days of non-compliance at $500 a day for a total lien of $47,500 plus administrative fees of $634.12. There was an outstanding water bill of $23.94, that was paid. There were outstanding taxes of $3,431.26 that were paid. All permits have been finaled, and it is now in compliance. Nick Zagarolo, attorney for Frederic Fortier, said Mr. Fortier is a Canadian citizen who travels a lot. When he got notice of the violation, he gave it to a licensed contractor to address the concerns. He thought the work was finished, but then found the lien when they put the property up for sale in May or June of 2015. He subsequently cleared up the necessary items for lien reduction. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $634.12. Case No. 15-1376 Golfview Harbor Estates Inc. Property Address: 1445 SW 25 Place Violation(s): Land Development Regulations, CH4 ART 3, SECT 3 D 2 Site plan approval required from Planning and Zoning Department for change of building color. Mr. Yannuzzi presented the case. Notice of violation date was June 11, 2015. The Code hearing was on August 19, 2015, and no one appeared. Compliance date and fine set was September 18, 2015, or $100 a day. Case came into compliance on March 7, 2016; there were 170 days of non-compliance at $100 a day for a total lien of $17,000 plus administrative costs of $634.12. There were no water bill or tax issues. Inspection was done on March 8, 2016, and it is in compliance. Ralph Skarecki, Quality Management, Managing Agent for Golfview Harbor Estates, recounted the series of miscommunications on the case. He was under the impression that the matters were handled. He did not find out about the nature of the Code complaint until January of 2016. The HOA does not feel they should pay any fine. Ms. Springer said there were two issues with the original case: the ladder, and the painting of the buildings. The City was under the impression that the HOAs were all under one, but they were in fact two. They then took the violation for the ladder and the deck off his violation, so only the painting remained. All mail went to a common address. She read an email of September 2015 into the record from Steven Rappaport 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 (attorney): “[He has] documents that appear in the City of Boynton Beach regarding what appears to be a hearing to discuss non-compliance. Apparently it appears to relate to the failure of the Association to bring a site plan approval changing the colors of the building. I’m not familiar with this, but let me know if you need our involvement, or if you have any questions.” Ms. Springer asserted that they were aware of the problem then, although Mr. Skarecki said the HOA did not know it was for the painting of the buildings. Ms. Ellis explained the nature of lien reduction. Ms. Springer had three emails to discuss – the first from her assistant Norma Smith on August 3, 2015: “Mr. Pierre, The violation at 1440 SW 28 Avenue, Unit 9, has been deleted from the violation notice, your violation notice for Case No. 15-1376.” Prior to that, Ralph Skarecki sent an email to Officer Pierre on July 28, 2015: “Here’s a Code Complaint you sent. I’m having trouble understanding complaint. I believe you sent this in error.” Officer Pierre’s response was: “The HOA must have a site plan approval from Planning and Zoning before changing the color of the building.” Ms. Ellis again stated she cannot revisit actions from the past. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus the administrative costs of $634.12. V. NEW BUSINESS B. Cases to be Heard - New Case No. 16-312 Juvenal Suarez & Myrna Suarez Property Address: 197 SE 27 Court Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC 105.1 Boynton Beach Amendments to the Florida Building Code, 2014 Ed. CO CH10 SECT 10-52 Remove all outside storage from property. Remove unpermitted shed. Remove unregistered and inoperable vehicles. Remove trash and debris. Remove all unregistered trailers from property. 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Officer Cain presented the case, which was a routine inspection. The initial inspection date was February 2, 2016. It is a repeat violator. Initial notice was February 2, 2016, by written notice. Fifteen days were given to comply. Green card was signed on March 23, 2016. Date of last inspection was April 18, 2016. There are health and safety hazards. City recommended 15 days or $500 a day. Ms. Ellis reviewed the facts of the case. Juvenal Suarez, owner of the property , said he understood the violations. He said he removed the debris. He asked for 30 days to complete the work. Decision Ms. Ellis ordered a 30-day compliance date of May 18, 2016, or $500 a day. Case No. 16-301 Lorena Urdialez Property Address: 195 SE 27 Court Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC Remove all debris from front yard. Officer Pierre presented the case, which was a routine inspection. The initial inspection date was February 4, 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 the City Hall March 12, 2016. City recommended 10 days or $50 a day. Lorena Urdialez, owner of the property , said she understood the violation. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $50 a day. VI. OLD BUSINESS B. Lien Penalty Certifications – New Case No. 15-2690 Freddy Nunez & Maria Nunez 1206 Old Boynton Road Officer Weixler requested that the case be complied with no fine. Decision Ms. Ellis ordered the case complied and no fine assessed. 29 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 [Ms. Ellis called for a short break at 1:14 p.m. and resumed proceedings at 1:20 p.m.] Case No. 16-102 Willie T. Lindsey & Idella Lindsey Property Address: 102 NE 13 Avenue Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt and a Certificate of Use and Occupancy for rental property. Officer Pierre presented the case. The notice of violation date was January 11, 2016. The Magistrate hearing was March 16, 2016, and the respondent appeared. The compliance date was set at March 31, 2016. The fine proposed by the Magistrate was $100 a day plus administrative costs. Violation still exists. Property last inspected on April 19, 2016. As of this day, there are 19 days of non-compliance at $100 per day plus administrative costs of $634.12. Brigit Wilburn, representing the owner , stated that Mrs. Lindsey (age 92) is at a rehabilitation center. Mrs. Lindsey signed the document. She said she “played phone tag” with Officer Pierre. She requested more time, stating she did not submit the application because she had a bad case of the flu. Decision Ms. Ellis ordered the case tabled to May 18, 2016. V. New Business A. Cases to be Heard –Tabled Case No. 15-2718 Filius Dieu Conserve Officer Pierre presented the case. City recommended 30 days to comply or $100 a day. No one was in attendance to represent the respondent. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. B. Cases to be Heard – New Case No. 16-412 Brock A. Smith & Monica Smith 30 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Officer Cain presented the case. City recommended 10 days to comply or $50 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $50 a day. Case No. 15-1941 FBM Leasing Corp Officer Cain presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-235 I. H. Investors LLC Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-238 Third Temple LLC Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-242 Mary Stein & Thomas Stein Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-324 Alain Hebert & Serge Hebert Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision 31 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-384 William Smith & Joan Stagg Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-388 Doris Jurney et al Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-403 TAH 2015 1 Borrower LLC Officer Cain presented the case. It is a repeat offender. City recommended 15 days to comply or $500 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $500 a day. Case No. 16-455 Claude Turcot Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-482 Eric Allen Sr. Officer Cain presented the case. City recommended 10 days to comply or $50 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $50 a day. 32 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Case No. 16-551 Florida Investment Trade Officer Cain presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of May 5, 2016, or $100 a day. Case No. 16-186 Michael Boyarsky Officer Hart presented the case. City recommended 30 days to comply or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $200 a day. Case No. 16-263 MF Homes LLC Officer Hart presented the case. City recommended 30 days to comply or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $200 a day. Case No. 16-295 Fred Stubbs & Cynthia Stubbs Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-323 Janet E. McCoy Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-390 Nationwide Investment Firm Group Officer Hart presented the case. City recommended 10 days to comply or $200 a day. 33 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $200 a day. Case No. 16-466 Dieufort Louis Jeune Officer Hart presented the case. City recommended 10 days to comply or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $200 a day. Case No. 16-492 Brett Taylor & Warren Potter Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-505 White Rose Homes LLC Officer Hart presented the case. City recommended 10 days to comply or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $200 a day. Case No. 16-506 Benjamin Ho & Karen Ho Officer Hart presented the case. City recommended 10 days to comply or $500 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $500 a day. Case No. 16-528 Daniel D. Dodge Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. 34 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Case No. 16-531 Michael M Ghrayeb Officer Hart presented the case. City recommended 60 days to comply or $200 a day. Decision Ms. Ellis ordered a 60-day compliance date of June 19, 2016, or $200 a day. Case No. 16-563 Mehdi Najmabadia Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-248 Yves D. Raymonvil Officer Pierre presented the case. City complied the case. Decision Ms. Ellis ordered the case complied and no fine assessed. Case No. 16-250 Maisons LLC Officer Pierre presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-330 Brian S. Harris Officer Pierre presented the case. City recommended 10 days to comply or $50 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $50 a day. Case No. 16-378 LG Real Estate Group LLC Officer Pierre presented the case. City recommended 30 days to comply or $200 a day. 35 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $200 a day. Case No. 16-443 Thomas Ficker & Denise Ficker Officer Pierre presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $100 a day. Case No. 16-214 Salf Investment LLC Officer Weixler presented the case. City recommended 30 days to comply or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. Case No. 16-283 Palm Beach County Housing Authority Officer Weixler presented the case. City recommended 30 days to comply or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. Case No. 16-361 US Bank National Association Trust – Nationstar Mortgage Co. Officer Weixler presented the case. There is a health and safety issue. City recommended 10 days to comply or $500 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $500 a day. Case No. 16-444 Meeshee LLC 36 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Officer Weixler presented the case. City recommended 30 days to comply or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of May 20, 2016, or $100 a day. Case No. 16-514 MKC Investment Group Corp Officer Weixler presented the case. City recommended 10 days to comply or $250 a day. Decision Ms. Ellis ordered a 10-day compliance date of April 30, 2016, or $250 a day. VI. OLD BUSINESS Officer Cain stated that the following will be certified as “No Fine.” Case No. Respondent 15-2398 Ana G. Orozco 14-1289 J S Ende Family Limited Partnership 15-2143 Ronald Clapp & Julie Clapp TR 15-2371 Emilia Pallisco & Francois Pallisco 16-85 Flamingo Plaza 15-1685 Uralee Frazier & Julia I. Frazier 15-2681 Linda Williams & Theodore Williams 15-2695 Gregory Schramm 16-137 Beatriz G. DeCama 16-229 Rosena Aldajuste 16-276 Enrique O. Duran & Maria Duran 15-2787 Wilmington Savings Fund Society 15-2367 Andrew Luchey – Jose Gilberto Perez Ms. Ellis ordered the above cases be certified no fine. Officer Cain stated that the following will be tabled until May 18, 2016. Case No. Respondent 15-2325 J S Ende Family Limited Partnership 15-2405 J S Ende Family Limited Partnership 15-1304 J S Ende Family Limited Partnership 15-2547 Linda A. Summers 37 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 16-117 SDS Florida Investments LLC 16-161 J & M Equity Investments LLC 16-236 111 NE 16 Ave Land Trust 16-179 David Buist & Britton Buist 15-2438 Meeshee LLC 15-2693 MKCD Holdings LLC 16-9 Hagstrom 76 LLC 15-2252 HCRA Properties 1 LLC – Jack T. Ehrhart 16-96 MF Homes 11 LLC Ms. Ellis ordered the above cases tabled until May 18, 2016. Officer Cain stated that the following will be tabled until June 15, 2016. Case No. Respondent 15-321 Community Deliverence Church Ms. Ellis ordered the above case tabled until June 15, 2016. Officer Cain 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. Fine Amount 15-2200 $100.00 15-2293 $100.00 15-2607 $200.00 15-2640 $100.00 16-144 $200.00 15-2383 $100.00 15-2685 $500.00 15-2721 $100.00 15-2756 $200.00 15-2836 $200.00 16-42 $300.00 38 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 16-135 $300.00 16-138 $100.00 15-2531 $100.00 15-2653 $200.00 16-149 $100.00 16-180 $100.00 15-2440 $100.00 15-2445 $500.00 15-2732 $200.00 15-2750 $100.00 16-6 $100.00 Ms. Ellis ordered the fines on the above cases be certified. C. Rescission of Magistrate Order Case No. 15-1820 Joseph Mulhern Ms. Springer presented the case. There was an error in the Building Department based on the comments to the wrong contractor. Mr. Mulhern was never sent the comments, and when he did get them, he came into compliance within a month. The City recommended rescinding the order. Decision Ms. Ellis rescinded the order for Case No. 15-1820. Case No. 15-2178 Edward J. Karban Ms. Springer presented the case. The property was cited to obtain permits, which were pulled prior to them starting the case. The City recommended rescinding the order. Decision Ms. Ellis rescinded the order for Case No. 15-2178. F. Stipulated Agreement Case No. 16-658 Boynton Beach CRA – Approve Filing of Stipulated Agreement Ms. Springer advised the City was approving the filing of a Stipulated Agreement for the Boynton Beach CRA Case. 39 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 20, 2016 Ms. Ellis approved the stipulated agreement for Case No. 16-658. Case No. 15-2659 Orange Homes Corp. – Approve Filing Satisfaction of Stipulated Agreement Ms. Springer advised the City was approving the filing of Satisfaction of the Stipulated Agreement for Orange Homes Corporation. Ms. Ellis approved the filing of the satisfaction of the stipulated agreement for Case No. 15-2659. Ms. Ellis concluded the hearing at 1:50 p.m. [J. Rubin, Prototype Inc.] 40 April 20, 2016 Code Hearing Minutes — Corrections Pg. 13: Case 16-511: Representative was Ruth SAMYN, not "Salmon". Pg. 20: Case 16-576: Adalwin IS a repeat violator, not "...is not..." Pg. 29: Case 16-312: Date to comply should have read May 20, 2016 (30-days), not "...May 18, 2016..." Pg. 30: Case 16-102: Representative's first name is BRIGET, not "Bridgit". Pg. 37: Case 15-1304 with Respondent J S Ende Family Limited Partnership is listed, but that item was not on the Agenda and 15-1304 involves Rosena Estella.