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Minutes 05-18-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, MAY 18, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator Chris Yannuzzi I. CALL TO ORDER Carol Ellis, Special Magistrate , called the Hearings to order at 9:03 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 AGENDA The following changes to the agenda were announced: Page 1, Case No. 15-1864 tabled for June 15, 2016. Page 2, Case No. 16-526 complied. Page 3, Case No. 16-383 complied. Page 5, Case No. 16-579 closed. Page 6, Case No. 16-738 complied. Page 7, Case No. 15-2532 removed. Page 21, Case No. 16-56 tabled for 60 days. Page 31, Case No. 16-689 complied. Page 37, Case No. 16-663 complied. Page 39, Case No. 16-697 complied. Page 41, Case No. 16-316 tabled for June 15, 2016. Page 42, Case No. 16-471 tabled for June 15, 2016. Page 59, Case No. 15-2438 closed. Ms. Ellis approved the agenda. Mr. Yannuzzi called the roll and determined who was present. V. NEW BUSINESS Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 A. Cases to be Heard – Tabled (none) B. Cases to be Heard - New Case No. 16-109 Florida Rental Specialist LLC Property Address: 1007 SE Third Street Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 Sec. 13-16 CO CH13 Sec. 13-7 Inc. Apply for and pass inspection for Business Tax Receipt and a Certificate of Use and Occupancy for the rental property. Officer Cain presented the case, which was a City department referral. The initial inspection date was January 1, 2016. It is not a repeat violator. Initial notice was January 1, 2016, by written notice. Fourteen days were given to comply. Green card was signed but not dated. Date of last inspection was May 17, 2016. City recommended 15 days for compliance or $250 a day. Ms. Ellis reviewed the facts of the case. Officer Cain said application had been made, but they failed the inspection. There is another case for the property on page 14. The outstanding items were: install sod in yard and swale, repair driveway, repair stove and electrical system inside the house, trim all overgrowth, repair or remove fence, install smoke detectors in all bedrooms, and they need a permit for a window that was installed. So far they have complied with some of the items. Laramay Demarest, Property Manager, stated all violations have been completed with the exception of the window permit. They have not been able to get the permit since the staff person who handles that has not been available. Decision Ms. Ellis ordered a 15-day compliance of June 2, 2016, or $250 a day. Case No. 16-503 Florida Rental Specialist LLC Property Address: 1007 SE Third Street Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC CO CH15 SECT 15-120 (D) 1 (E)) CO CH10 SECT 10-56 (A) CO CH10 SECT 10-59 (A) and (D) CO CH10 SECT 10-1060 (A) 105.1 of the Florida Building Code 2014 edition, Boynton Beach Amendments 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Please install sod in yard and swale. Repair driveway. Repair stove and electrical system in the house. Trim all overgrowth. Repair or remove fence. Install smoke detectors in bedrooms. A permit is required to install windows. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was March 3, 2016. It is not a repeat violator. The following items still exist: repair stove and electrical system in the house; and a permit is required to install windows. Initial notice was March 3, 2016, by written notice. Thirty days were given to comply. Green card was not signed. Date of last inspection was May 17, 2016. There is a health and safety issue with the electrical. City recommended 15 days for compliance or $250 a day. Ms. Ellis reviewed the facts of the case. Officer Cain noted he has not been back to inspect the interior of the property. Decision Based on the health and safety issue, Ms. Ellis ordered a 5-day compliance date of May 23, 2016, or $250 a day. Case No. 16-539 R. Diane Copeland Tr Property Address: 902 S. Seacrest Boulevard Type of Property: Multi-family home Violation(s): CO CH10 SECT 10-56D Please repair the roof and contact the Building Department for permits. Officer Hart presented the case, which was a routine inspection. The initial inspection date was March 8, 2016. It is not a repeat violator. Initial notice was March 8, 2016, by written notice. Thirty days were given to comply. Notice was posted on the property and City Hall on May 2, 2016. Date of last inspection was May 17, 2016. Officer Hart presented photos. It is a health and safety hazard. He said he had no contact with the owner. City recommended 10 days for compliance or $100 a day. Ms. Ellis reviewed the facts of the case. Dennis Bruzas, friend of the owner , presented a letter of proof that he was authorized to represent the owner. Ms. Ellis stated the letter was dated May 15, 2016, and said that Dennis Bruzas was authorized to present himself on behalf of Diane Copeland on May 18, 2016, at the Code hearing and bring back any facts discussed in her absence. Ms. Copeland said she had been called out of town and would not be able to be present. 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Mr. Bruzas stated that the damaged roof is over the porch, and Ms. Copeland had not noted any interior damage. He said he would fix the roof immediately, weather permitting. Decision Since there is a history of liens on the property, Ms. Ellis ordered a 10-day compliance date of May 28, 2016, or $100 a day. Case No. 16-639 Joel Reisman Property Address: 710 NE 7 Street, Unit #406 Type of Property: Condominium, homesteaded Violation(s): CO CH10 SECT 10-56 (B) Please replace or repair roof deck. Deck must be sound and in good condition. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was March 24, 2016. It is not a repeat violator. Initial notice was March 24, 2016, by written notice. Thirty days were given to comply. Notice was sent Certified Mail on April 27, 2016. The green card was dated May 2, 2016. The majority of the deck has been removed; part of the wood frame and railing are still in place. The demolition permit was not applied for. Date of last inspection was May 17, 2016. Officer Hart presented photos. He said there may be water in electrical outlets and an access hatch that may not have been permitted. City recommended 15 days for compliance or $100 a day. Ms. Ellis reviewed the facts of the case. Joel Reisman, owner , presented his own photos, saying he did not understand what is supposed to be removed. He said he has to meet with the engineer and the people who supplied the railing. Officer Hart said it looked like the railing was part of the deck, but Mr. Reisman said it was affixed straight to the roof, not the deck. That part was permitted and engineered. He said he is no rush to rebuild the deck, and he intended to re-use the wood used. He did not see the need for a permit. Ms. Ellis advised Mr. Reisman that he has to obtain a permit to remove all of the deck. Officer Hart recommended that he go to the Building Department, get the demolition permit, and they will let him know what needs to be done. After getting the permit, Mr. Reisman was advised to inform the Code Officer about what the City is going to require him to do. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $100 a day. Case No. 16-653 Louis L. St. Paul 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Property Address: 219 NE 7 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 Business Tax Receipt license and a Certificate of Use and Occupancy for rental property. Officer Hart presented the case, which was a citizen complaint (from someone who was renting a room from the renters). The initial inspection date was March 28, 2016. It is not a repeat violator. Initial notice was March 28, 2016, by written notice. Ten days were given to comply. Notice was posted on the property and at City Hall was May 5, 2016. Property was inspected on May 11, 2016; it failed because of outside storage, outside storage and debris, missing smoke detectors, missing soffit screens, missing electrical covers, repair hole in the wall, screen on sliding glass door, and hot water heater permit. Property was last inspected on March 17, 2016. City recommended 15 days for compliance or $100 a day. Vilnor Septimus , cousin of the owner, presented a letter authorizing him to represent the owner. Ms. Ellis stated she had been handed a Power of Attorney authorizing Mr. Sitsimmus to represent for the property. Mr. Septimus stated that he lives in the property for free, and was renting a room to another person. Ms. Ellis explained the need for the Business Tax Receipt. Ms. Springer clarified that if the owner lives in the house, he can rent a room, but a renter cannot do that without a Business Tax Receipt. Mr. Septimus asked for more than 15 days to comply, but Officer Hart said there were noted health and safety hazards. Decision Due to the health and safety hazards, Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $100 a day. Case No. 16-177 Evans Jean Almonor Property Address: 3205 Ocean Parkway 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 Business Tax Receipt and Certificate of Use and Occupancy for the rental property. 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Officer Weixler presented the case, which was a routine inspection. 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 was May 5, 2016. Officer Weixler extended the case for 30 days on April 13, 2016, and they still have not applied for the Business Tax Receipt. Property was inspected on May 17, 2016. City recommended 15 days for compliance or $150 a day. Evans Jean Almonor, owner , stated that when he called the Code Compliance office, he was directed to go online to apply for the license. However, he got the wrong application and called the office to say he would get the right application. He will go to the office on this day and make application. Officer Weixler said he would recommend 30 days for compliance if he needed more time. Decision Ms. Ellis ordered a 30-day compliance date of June 15, 2016, or $150 a day. Case No. 16-537 Rosena Luberisse Property Address: 3360 N. Seacrest Boulevard Type of Property: Single-family home, non-homesteaded Violation(s): 105.1 of the Florida Building Code 2014 edition, Boynton Beach Amendments Obtain a permit for the rear of the home extension in progress. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was March 8, 2016. It is not a repeat violator. Ten days were given to comply. Notice was posted on the property was May 5, 2016. Property was last inspected on May 17, 2016, and the violation still exists. City recommended a 15 days for compliance at $150 a day. Officer Weixler presented photos of the work being done. Rubens Luberisse, husband of Rosena Luberisse, explained they did not know if they needed a permit to perform the work, installing concrete over the wooden laundry room floor. He said he was told to redo the engineering because the existing permit was too old, and the Code had changed. He was not sure if they would continue the work or remove the addition. Either way, he was told he would need a permit. Decision Ms. Ellis ordered a 30-day compliance date of June 15, 2016, or $150 a day. Case No. 16-635 Wahoo LLC - # Sobriety Now Inc Property Address: 2626 N. Federal Highway Type of Property: Commercial 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Violation(s): 105.1 of the Florida Building Code 2014 edition, Boynton Beach Amendments CO CH13 SECT13-16 Parking lot paved and striped without a permit. Sobriety Now Inc. operating without a business license and a Certificate of Use. Officer Weixler presented the case, which was a routine inspection. The initial inspection date was March 23, 2016. Sobriety Now is a repeat violator, but Wahoo is not. Notice was mailed on April 7, 2016. Green card was received signed and dated on April 11, 2016. Sobriety Now Inc.’s Business Tax Receipt is now in review, and a building permit for the paving and striping of the parking lot has not been applied for. Property was last inspected on May 17, 2016. City recommended 15 days for compliance or $250 a day. Ms. Ellis reviewed the facts of the case. Anthony Mauro, owner , stated he has a Business Tax Receipt for Sobriety Now. Regarding the driveway repairs, the contractor has been non-responsive. He said he will take over the project from the Business Operator. Mr. Mauro presented the Business Tax Receipt, which was valid until September 30, 2016. Mr. Yannuzzi said the Clinical Services License and Certificate of Use and Occupancy are both in review. He explained the January, 2015, Ordinance affecting the issuance of the Certificate of Use in addition to the Business Tax Receipt. There is no grandfathering in of existing (old) Certificates of Use. Officer Weixler clarified that there are two other units on his property that people are living in, and Mr. Mauro was asked to obtain a Business Tax Receipt for those rentals. The inspection was passed for the two units. Sobriety Now has applied for their license to run the business, but it has not been inspected yet; therefore, there is no license yet. Until the owner gets the permit for the parking lot work and performs such work, they will not be able to pass inspection. Mr. Mauro requested a longer period to comply because of the confusion involved. Decision Ms. Ellis ordered a 30-day compliance date of June 15, 2016, or $250 a day. OLD BUSINESS A. Lien Penalty Certifications – Tabled Case No. 16-84 Beauly LLC Property Address: 3135 S Seacrest Boulevard 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Violation(s): Officer Pierre said the case is complied, and there is no fine. Decision Ms. Ellis certified the case as “No Fine.” Case No. 15-2550 Adalwin LLC Property Address: 174 S Palm Drive Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-16 Apply for and pass inspection for the Business Tax Receipt license and Certificate Use of Occupancy for rental. Officer Weixler presented the case. Notice of violation was November 10, 2015. Magistrate hearing and date was January 20, 2016, and Julie Hynds appeared. Compliance date and proposed fine set by the Magistrate was January 25, 2016, or $500 a day. The property was complied on May 16, 2016. There have been 112 days of non-compliance at $500 a day plus administrative fees of $730.15. Julie Hynds, representing Adalwin LLC , stated they have had issues getting the inspections completed. They have made a lot of effort to keep up with the matter, and she had numerous notes of all the communications with the various departments in the City. Officer Weixler said they are now in compliance. The water heater permit was finaled on April 21, 2016, but there was some outside storage in the yard. He inspected on May 16, 2016, and the storage was removed. Ms. Hynds stated the storage was removed 10 days prior to that. Decision Ms. Ellis closed out the case since they had complied. Case No. 16-96 MF HOMES 11 LLC Property Address: 319 NW 4 Street 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 Use and Occupancy for rental property. 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Officer Pierre presented the case. Notice of violation was January 11, 2016. Magistrate hearing and date was March 16, 2016, and a representative appeared. Compliance date and proposed fine set by the Magistrate was March 26, 2016, or $100 a day plus administrative fees. The violation still exists. There are 53 days of non-compliance at $100 a day plus administrative fees of $720.15. Ms. Ellis reviewed the facts of the case. Tomas Rodriguez, Maintenance for MF HOMES 11 LLC , did not have anything in writing authorizing him to speak on behalf of the respondent. Decision Due to the fact that the property had not complied according to the Code Officer, Ms. Ellis certified the fine. Case No. 16-9 Hagstrom 76 LLC Property Address: 2260 NW 2 Street 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 Use and Occupancy for rental property. Officer Weixler presented the case. Notice of violation was January 4, 2016. Magistrate hearing and date was February 17, 2016, and no one appeared. Compliance date and proposed fine set by the Magistrate was March 3, 2016, or $100 a day plus administrative fees. Property was last inspected on April 17, 2016, and the violation still exists. There are 76 days of non-compliance at $100 a day plus administrative fees of $826.18. Ms. Ellis reviewed the facts of the case. Lynn Pohl, Property Manager , stated that they have 10 properties in Boynton Beach and had to obtain Certificates for all of them. She had to resubmit all the paperwork and set up inspection appointments. All properties required more items to be fixed. She said it was difficult to find a contractor to take on the projects. They have permits for the hot water tanks and just need inspections. Ms. Ellis asked why no one appeared at the hearing in February, 2016. Ms. Pohl said they had several personnel changes in her company, but she was not aware of the violation until late February. Regarding the April hearing, she could not communicate with Officer Weixler to find out if she needed to appear. Decision Based on the testimony, Ms. Ellis certified the fine of $7,600 plus the administrative fees of $826.18. 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 B. Lien Penalty Certifications - New Case No. 15-2678 Florida Investment Trade – First Order Property Address: 555 N Railroad Avenue Officer Hart presented the case. The notice of violation date was December 7, 2015. The City recommended no fine. Decision Ms. Ellis certified No Fine. Case No. 15-2678 Florida Investment Trade – Second Order Property Address: 555 N Railroad Avenue Violation(s): CO CH10 SECT 10-52 CO CH15 SECT 15-120 (B) Please remove all unregistered vehicles from property. Officer Weixler presented the case. Notice of violation was January 7, 2015. Magistrate hearing and date was April 20, 2016, and Cem Ekmekci appeared. The compliance date and proposed fine set by the Magistrate was a Cease and Desist of $250 a day per occurrence starting on April 21, 2016. The date of the occurrence was May 2, 2016, and the number of occurrences were three. Officer Weixler presented photos of each occurrence. Andrew Al-Hattab, tenant at 555 N. Railroad Avenue, did not have written authorization to speak. However, he said he was issued a subpoena from the Boynton Beach Police Department (Sergeant Ken Roper) to attend as a witness. Mr. Yannuzzi stated that the subpoena was at Mr. Al-Hattab’s request, so that if the property owner forbade him from testifying, the subpoena would override it. Mr. Al-Hattab said he had been trying to reach the property owner about attending the hearing. He said the owner thought the matter was very important, but did not understand that he had to appear personally. Ms. Ellis stated that the property owner needs to attend the hearing, because the violations are on his property. Mr. Yannuzzi stated that the subpoena does not give Mr. Al-Hattab the right to speak on the owner’s behalf. He added that the owner was served by hand on May 6, 2016, and also signed for service (to attend) on May 11, 2016. 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Mr. Al-Hattab said he was the one in violation and wanted to rectify the situation. Ms. Ellis advised him there was nothing he could do unless the owner was attending to present his case. Alternatively, Mr. Al-Hattab would need to present a written document authorizing him to speak on behalf of the owner. Decision Based on the testimony, Ms. Ellis certified the fine. Case No. 11-3413 Wal-Mart Stores East LP Property Address: 3200 Old Boynton Road Violation(s): LDR CH4 ART 11, SECT 4.a13 Growing the property landscaping back to what is on file with the City of Boynton Beach. Officer Pierre presented the case. Notice of violation was December 16, 2011. Magistrate hearing and date was April 26, 2016, and no one appeared. The compliance date and proposed fine set by the Magistrate was April 15, 2016 or $200 a day plus the administrative fee. The violation still exists. There are 33 days of non-compliance at $200 a day plus the administrative fee of $826.18. Lauren Flotron, Counsel for Wal-Mart , said they were just informed of the violation the previous day. They are working to comply, and the landscaping will be finished by May 23, 2016. She asked that they have until May 23, 2016, to come into compliance. Decision Ms. Ellis ordered compliance by May 23, 2016, or the fine stands. F. Lien Reductions – Tabled Case No. 14-2604 David M. Wilson Property Address: 215 NW 6 Avenue Mr. Yannuzzi presented the case, saying they will close the case because it was lost in foreclosure. Decision Ms. Ellis ordered the case closed. G. Lien Reductions - New Case No. 15-1470 MCJ Investment LLC 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Property Address: 280 NE 16 Court Violation(s): CO CH10 SECT 10-56 (B) CO CH10 SECT 10-56 (D) CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-59 (D) Install four-inch address numbers on building. Remove outside storage. Remove trash and debris. Replace all missing and broken windows, permits required. Remove tarp and repair or replace roof, permits required. Repair or remove chain link fence. Replace all missing torn soffit screens. Replace and paint all damaged fascia. Cap all open electric. Officer Hart presented the case. Violation date was June 18, 2015. Magistrate hearing and date was September 16, 2015, and Emmanuel Memnon appeared. The compliance date on the first order was September 21, 2015, or $250 for house numbers. Complied, no fine. The second order was October 16, 2015, or $250 a day. The second order complied on April 12, 2016. There were 178 days of non-compliance for the second order at $250 a day for a total of $44,500. There were 3 inspections for a total administrative cost of $538.09. The City was first requested to begin the lien reduction process on January 13, 2016. An inspection was conducted on February 23, 2016, with several violations noted, including the need for a permit for the fence. The second inspection was done on April 12, 2016, and the Code violations were corrected. There were outstanding water bills in excess of $700, which have been paid. In addition, the 2015 property taxes were owed, but were paid on May 18, 2016. At this time, all issues have been resolved. Emmanuel Memnom, owner of MCJ , explained they fixed the fence right away, but people kept breaking it down. Every time he fixed something, it would be broken. He spoke of the difficulties getting the inspection set up, and then the violations discovered at that time. After he fixed those violations, he found out he needed the permit, and the survey took time. His intention was to comply, but there were obstacles along the way. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500 plus administrative fees of $538.09. Case No. 10-259 Countrywide Home Loans Property Address: 3125 Ocean Parkway Violation(s): CO CH10 SECT 09-040 (INC) 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 CO CH15 SECT 15-120 (D) INC Property in foreclosure must be registered. Mow overgrown yard. Trim overgrown vegetation. Mr. Yannuzzi presented the case. Violation date was January 27, 2010. Code compliance hearing was March 17, 2010, and no one appeared. Compliance date was April 1, 2010, or $150 a day. Date complied was December 17, 2010, or 259 days at $150 a day for a total of $38,850. There were 4 inspections, for a total administrative cost of $634.12. City was contacted to begin the lien reduction process on September 19, 2013. The first inspection was done on September 23, 2013, and numerous violations were identified. Another inspection was done on March 31, 2014, where violations continue to exist. To date, 6 additional inspections were done, with final compliance occurring on May 13, 2016. There were 3 outstanding water bills, all of which have been paid. The property taxes for 2015 were paid on May 17, 2016. James J. Souffrant, owner, said he purchased the home a year ago and was not the owner in 2010. He was not aware of the liens at that time. He was busy with a full-time job and being a full-time student, but intended to be in compliance. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus the administrative fees of $634.12. IV. NEW BUSINESS B. Cases to be Heard – New Case No. 07-647 Lawrence Grove HOA INC Property Address: 1246 Sussex Street Violation(s): LDR CH7.5-2 SECT 5.B LDR CH4 SECT 11 Please trim common area of your property, shrubs, and trees back to the original site plan that is on file with the City. Officer Pierre presented the case, which was a City department referral. The initial inspection date was March 9, 2007. It is not a repeat violator. Thirty days were given to comply. Green card was signed and dated April 20, 2016. Date of last inspection was May 17, 2016. City recommended 30 days for compliance or $200 a day. Ms. Ellis reviewed the facts of the case. 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Ralph Skarecki, Property Manager , presented an itemized detail of events since August of 2015. He said that on August 29, 2015, the HOA Board agreed on final plans of the Association that the City requires, pertaining to removal of citrus trees in 2007 and 2008. He listed the numerous individuals in the City that he been dealing with over the last 5 to 7 years. He said the HOA submitted the plans in November of 2015, but there were parts of the aquatic landscaping that did not meet Code. They had to hire an environmental specialist in February, 2016, who submitted plans that were approved on May 12, 2016. He described the problems with the aquatic landscaping. Ms. Ellis asked if Kevin Hallahan had opined on the matter, and Ms. Springer advised that she received an email from Mr. Skarecki approximately one month prior, asking for a 30-day extension. She informed him that the 30 days prior to this hearing would be considered the 30-day extension. She also contacted Mr. Hallahan and Kate Hatcher to find out where he stood as far as supplying the information requested by the respondent. Ms. Springer received an email from Mr. Hallahan the prior week, stating that his portion was approved; however, Mr. Skarecki had to submit additional information to Kate Hatcher. According to Ms. Hatcher, Mr. Skarecki did not submit the necessary information as of late yesterday (May 17, 2016). Mr. Skarecki said they have to submit an entire packet, now that the landscaping has been approved. He detailed the proceedings of the HOA Board. Decision Ms. Ellis ordered a 30-day compliance date of June 15, 2016, or $200 a day. Case No. 16-604 Elisha & Eunice Schoburgh – SURCAN Holdings LLC Property Address: 75 S Palm Drive 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 license for the rental property and have tenant apply for and pass inspection for the Business Tax Receipt to operate an adult congregate living facility. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was March 15, 2016. It is not a repeat violator. Ten days were given to comply. Property was posted on May 5, 2016. Date of last inspection was May 2, 2016. There is a health and safety hazard. City recommended 5 days for compliance or $1,000 a day. 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Officer Weixler said that since a tenant (Larry) is going to have a leg amputated, there needs to be a ramp. There are presently no ramps to enter or exit the home if there is an emergency while he is wheelchair-bound. He said they applied for the Business Tax Receipt license on May 10, 2016, but he has not done an inspection for that. Lynrod Douglas, registered agent of SURCAN Holdings LLC, explained that the owners are his mother- and father-in-law. He and his wife moved to Florida to help with the father-in-law, who has since died. The mother-in-law moved out of the house and began renting to homeless individuals. He was gone for some time, taking his mother- in-law to Canada and returning. Upon his return, he applied for the Business Tax Receipt and called for an inspection, but has not heard back. He explained that Larry will be in rehabilitation for several months, but he did not know if he would return. Ms. Ellis reviewed the facts of the case. Mr. Yannuzzi asked what type of business SURCAN Holdings was, and Mr. Douglas said it is a Seniors Care Management Company. He said they do not provide care to them, they just rent there. He has other clients who do not live on this property. He is also a professional court-appointed guardian. Mr. Douglas said that Mink Concierge is owned by SURCAN Holdings (a holding company), and Mink Concierge is the “doing business as” name, which is the care management company. Mr. Yannuzzi asked him about the services provided by Mink Concierge, and Mr. Yannuzzi said they offer companionship and homemaking. He said there is no business operated at 75 Palm Drive; that is just a “business” address. He said the rentals at 75 Palm Drive have nothing to do with Mink Concierge. Officer Weixler advised that the people residing in the house are all physically disabled and mentally disabled. There was recently a female living there from a psych ward, and there were many complaints made to police about her. He said the residents told him that they were approached in the hospital and told if they signed over their Medicaid payments, they could stay at the residence. He heard they were paying $600 a month apiece, and he said he witnessed that at the house. He described the situation as “distressful.” Officer Weixler said there is an open police investigation for fraud. He further described the circumstances of the people living there. Officer Weixler stated that property records show a Life Estate effective on June, 2012, in the mother’s name. She (the mother) is claiming an exemption, which is against the law for somebody to claim an exemption unless they live there. Based on the testimony, Ms. Ellis said those people should not be living there because there is not enough supervision. Mr. Douglas said he would serve a 30-day notice on the tenants to leave, and he would not have any more such tenants. Decision 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Ms. Ellis ordered a Cease and Desist Order effective June 17, 2016, or $250 per occurrence, from allowing any more people that have either psychological or medical issues that would normally require some medical supervision to live in the house. The people living there now will have to leave within 30 days. Going forward, people with medical or psychological issues would not be allowed unless Mr. Douglas has the appropriate license to operate that type of facility. Ms. Ellis also ordered a 5-day compliance date of May 23, 2016, to schedule and pass the inspection, or $100 a day. Mr. Yannuzzi advised Mr. Douglas that he still has to schedule an appointment for an inspection. Officer Weixler will call him and schedule the inspection. A copy of the application for rental property was provided to the Court. V. OLD BUSINESS A. Lien Penalty Certifications – Tabled Case No. 15-2325 J S Ende Family LTD Partnership Property Address: 2100 High Ridge Road Violation(s): CO CH15 SECT 15-120 (D) INC LDR CH3 ART 4 SECT 3-D Boynton Beach Marble and Granite remove all outside storage. Minor site plan modification needed to allow outside storage and parking spaces. Remove all discarded wood pallets. Officer Weixler presented the case. Notice of violation was October 19, 2015. Magistrate hearing and date was December 12, 2015, and Krishna Ramnanan appeared. The compliance date and proposed fine set by the Magistrate was December 12, 2015 or $250 a day. The violation still exists; property last inspected on May 17, 2016. There were 144 days of non-compliance at $250 a day with administrative fees in the amount of $922.21. Krishna Ramnanan, CFO of J S Ende Family LTD Partnership , stated that his engineers were waiting for the site modification so that they can move forward and implement the other items they need to do, such as restriping the road. He believed Boynton Beach Marble was giving him the “run-around.” J S Ende bought the property in July of 2016, and inherited the problem with Boynton Beach Marble. He wanted them to comply, but he cannot force them. Ms. Ellis advised the violation is only against the property owner, not the tenant. Mr. Ramnanan said he would take steps to get it done. 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Decision Ms. Ellis ordered the case tabled for 30 days, until June 15, 2016. Case No. 15-2405 J S Ende Family LTD Partnership Property Address: 2900 High Ridge Road Violation(s): 105.1 Florida Building Code, 2014 Edition, Boynton Beach Amendments CO CH13 SECT 13-16 CO CH10 SECT 10-56 (D) CO CH15 SECT 120 (D) Installed slab, air compressor, and a new door rack system without a permit. Access road created without permit. Parking lot was resealed and restriped without a permit. There is a crack in the sidewalk and there are various degrees of trash and debris on the property. Sun Core Industries in Bay #6 did not have a current Business Tax Receipt. Officer Weixler presented the case. Notice of violation was October 28, 2015. Magistrate hearing and date was December 16, 2015, and Krishna Ramnanan appeared. The compliance date and proposed fine set by the Magistrate was January 15, 2016, or $500 a day. The violation still exists; property last inspected on May 17, 2016. There were 124 days of non-compliance at $500 a day with administrative fees in the amount of $922.21. Officer Weixler stated that the City is agreeable to tabling the case to the June hearing. Decision Ms. Ellis ordered the case tabled for 30 days until June 15, 2016. C. Lien Penalty Certifications – Cease and Desist Case No. 15-2678 Florida Investment Trade Property Address: 555 N Railroad Ms. Ellis stated there have been three occurrences at $250 each, totaling $750. Decision Ms. Ellis certified the lien, representing the three occurrences at $250 each plus administrative costs. 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 A. Lien Penalty Certifications - Tabled Case No. 15-2547 Linda A. Summers Property Address: 625 Oak Street #A Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 (INC) Apply for and pass inspection for Business Tax Receipt license and Certificate of Use and Occupancy for the rental property. Officer Hart presented the case. Notice of violation was November 10, 2015. Magistrate hearing date was February 17, 2016, and no one appeared. The compliance date and proposed fine set by the Magistrate was February 27, 2016, or $100 a day plus administrative fees. The violation still exists; the exterior of the property was last inspected on May 17, 2016. There were 81 days of non-compliance at $100 a day with administrative fees in the amount of $730.15. Officer Hart explained that Ms. Summers was unable to attend this morning and sent a letter to present to the Magistrate. Ms. Ellis read the letter from Linda Summers emailed to Officer Hart regarding 625 Oak Street. It said that she is the owner of the property, a small four-plex, that she purchased in 2001. She said she received a notice posted on the tenant’s door that the Business license was not renewed. Her renewal notice was not forwarded to her new address; fire, license, and utility bills had been current. She was unable to attend the hearing in February as she was out of state caring for her mother. Mr. Yannuzzi said that proper notice was given, and her husband had signed green cards. He spoke with her several days ago when she indicated the tenant had forwarded the notices that were mailed to the house. Accordingly, Mr. Yannuzzi said she was aware of the case at least in December, 2015. Decision Ms. Ellis certified the fine. A. Cases to be Heard – Tabled Case No. 16-519 Dennis Carrier & Raymond Carrier Officer Weixler presented the case. City recommended 15 days to comply or $150 a day. 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $150 a day. B. Cases to be Heard – New Case No. 16-327 Wise Investments of South FL INC Officer Cain presented the case. City recommended 60 days to comply or $100 a day. Decision Ms. Ellis ordered a 60-day compliance date of July 17, 2016, or $100 a day. Case No. 16-349 Jim Ballew 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 June 2, 2016, or $100 a day. Case No. 16-395 Gladys M. Mensah 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 June 2, 2016, or $100 a day. Case No. 16-402 SFRH Rental LP Officer Cain presented the case. City recommended 15 days to comply or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $250 a day. Case No. 16-448 Carol Cohen & Lewis Cohen 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 June 2, 2016, or $100 a day. 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Case No. 16-515 Patricia A. Owens Rev Trust 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 June 2, 2016, or $100 a day. Case No. 16-550 13 PROP LLC Officer Cain presented the case. City recommended 30 days to comply or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of June 17, 2016, or $100 a day. Case No. 16-590 Marie G. Leveille Est Officer Cain presented the case. City recommended 10 days to comply or $500 a day. Decision Ms. Ellis ordered a 10-day compliance date of May 28, 2016, or $500 a day. Case No. 16-655 Thomas Killea Officer Cain presented the case. City recommended 10 days to comply or $500 a day. Decision Ms. Ellis ordered a 10-day compliance date of May 28, ,2016, or $500 a day. Case No. 16-672 IH3 Property Florida LP Officer Cain presented the case. City recommended 15 days to comply or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $250 a day. Case No. 16-702 Federal National Mortgage Assoc Officer Cain presented the case. City recommended 15 days to comply or $100 a day. 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $100 a day. Case No. 16-187 James Parrish & Marlene Parrish Officer Hart presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $100 a day. Case No. 16-190 500 Ocean Properties LLC Officer Hart presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $100 a day. Case No. 16-348 Alon Elias 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 May 28, 2016, or $100 a day. Case No. 16-593 Bham Partners 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 May 28, 2016, or $200 a day. Case No. 16-636 Jean Demesier Officer Hart presented the case. City recommended 10 days to comply or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of May 28, 2016, or $150 a day. Case No. 16-665 Rose Joaseus 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 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 May 28, 2016, or $500 a day. Case No. 15-2074 701 West Boynton Beach Blvd LLC Officer Pierre presented the case. City recommended 30 days to comply or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date of June 15, 2016, or $200 a day. Case No. 15-2619 522 SE 20 Court Land Tr 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 May 28, 2016, or $100 a day. Case No. 16-294 Timothy Farley & Stephen Geiger 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 May 28, 2016, or $100 a day. Case No. 16-522 3210 DMD Properties 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 May 28, 2016, or $100 a day. Case No. 16-690 Patterson Plaza LLC – T-Mobile – Metro PCS Officer Pierre presented the case. City recommended 10 days to comply or $100 a day. Decision 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Ms. Ellis ordered a 10-day compliance date of May 28, 2016, or $100 a day. Case No. 16-597 Palmaseca Holdings Inc Officer Weixler presented the case. City recommended 15 days to comply or $150 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 2, 2016, or $150 a day. V. OLD BUSINESS Officer Pierre stated that the following will be certified as “No Fine.” Case No. Respondent 15-1767 Jimmi Reed & Lillian E. Reed 16-179 David Buist & Britton Buist 16-182 Daverne Jean 16-319 Angelina Lynette Nava 15-1912 Jessie Webb & Janice L. Webb 15-2651 Jane Lindros & Kristia Isaksen 16-97 St. Paul AME Church of Boynton Beach Ms. Ellis ordered the above cases be certified no fine. Officer Pierre stated that the following will be tabled until June 15, 2016. Case No. Respondent 16-236 111 NE 16 Ave Land Trust 15-2693 MKCD Holdings LLC 15-616 301 North Federal Way LLC 15-2767 Rafael Vega Jr. & Claudia Vega 15-2252 HCRA Properties 1 LLC/Heartland Health Care – Jack T. Ehrhart Ms. Ellis ordered the above cases tabled until June 15, 2016. Officer Pierre stated that the following case will be closed. Case No. Respondent 15-2438 Meeshee LLC Ms. Ellis ordered the Case No. 15-2438 closed. 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida 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. Fine Amount 16-117 $ 100.00 16-161 $ 100.00 16-102 $ 100.00 16-98 $ 100.00 16-131 $ 100.00 16-198 $ 200.00 15-2236 $1000.00 Ms. Ellis ordered the fines on the above cases be certified. C. Rescission of Magistrate Order Case No. 15-2531 Barry Investments LLC Ms. Springer presented the case. The Business Tax Receipt was applied for, but the check was lost in the Building Department for two months, making it beyond the order. City recommended rescinding the order. Decision Ms. Ellis rescinded the order for Case No. 15-2531. Case No. 15-2440 Salf Investment LLC Ms. Springer presented the case. The respondent had come into compliance prior to the order’s date. City recommended rescinding the order. Decision Ms. Ellis rescinded the order for Case No. 15-2440. 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 G. Lien Reductions - New Case No. 12-1981 Bank of New York Mellon Ms. Springer presented the case, noting that it did not appear. She recommended tabling it to June 15, 2016. Decision Ms. Ellis tabled Case No. 12-1981 to June 15, 2016. H. Stipulated Agreement Case No. 15-2658 Beenak LLC Ms. Springer advised the City was approving the filing of a Stipulated Agreement for Beenak LLC. Ms. Ellis approved the stipulated agreement for Case No. 15-2658. VII. ADJOURNMENT Ms. Ellis thanked Ms. Springer for her service upon her last day of employment. Ms. Ellis concluded the hearing at 12:00 p.m. [J. Rubin, Prototype Inc.] 25 May 18, 2016 Code Hearing Minutes.— Corrections Pg. 1: Case 16-56: Tabled to 7/20/16, not "60 days" as stated. Pg. 10 & 17: As they relate to Code case 15-2678: Minutes indicate this case number was referred to three times. In fact it was only used twice; one a First Order and the second a Second Order. The First Order involved the lengthy testimony outlined in the Minutes, ending with the Magistrate declaring No Fine based on the City's recommendation. The Second Order was certified by Ms. Ellis at $250/occurrence and three occurrences ($750). Pg. 12: It was Mr. Yannuzzi who presented the case for the City, not Officer Hart. Pg. 25: "Ms. Springer presented the case, noting that it did not appear." To be corrected to read: Ms. Springer presented the case, noting that a representative did not appear. Pg. 65 of the Code Hearing agenda: This entire case (16-150) is missing from the Minutes. Testimony from Code Ofc. Cain and Julie Hynds, representing Beauly LLC, was not a part of the Minutes. However, certified the fine at $15,000 plus Administrative Fees of $634.12.