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Minutes 07-20-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JULY 20, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Chris Yannuzzi, Code Compliance Coordinator I. CALL TO ORDER Carol Ellis, Special Magistrate , called the Hearings to order at 9:10 a.m., and explained her role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. She explained a fine will be imposed if the violation(s) are not corrected by the deadline. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Ellis administered an oath to all those intending to testify. III. APPROVAL OF MINUTES - NONE Minutes for April 20, 2016 and May 16, 2016 – City Staff submitted corrections to those minutes and Ms. Ellis approved these minutes with corrections attached. IV. APPROVAL OF AGENDA The following revisions to the agenda were announced: Page 46, Case No. 16-1063, Beauly, LLC, inserted as 46-A Page 10, Case No. 16-618 – complied Page 11, Case No. 16-686 – complied Page 16, Case No. 16-898 – complied Page 19, Case No. 16-941 – complied Page 26, Case No. 16-875 – complied Page 27, Case No. 18-890 – complied Page 42, Case No. 15-2459 – removed Page 49, Case No. 16-1077 – complied Ms. Ellis approved the Agenda as amended. V. ROLL CALL Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 The following case was moved forward due to respondent Mr. Ehrhart’s condition. VII. Old Business D. Lien Penalty Certifications - Tabled Case No. 15-2252 HCRA Properties/Heartland Health Care – Jack T. Ehrhart Property Address: [unknown] Type of Property: Health Care Facility Violation(s): CO CH15 Article 10, SECT 15.121-124 Registration of Sexual Offender. Officer Weixler presented the case, which was a lien certification. Notice of violation date was October 9, 2015. Magistrate Hearing Date was February 17, 2016. Compliance date was April 2, 2016. Fine proposed was $50 per day plus administration fees. Situation still exists. Property last inspected July 14, 2016, 109 days of non- compliance, continues to accrue at $50 per day plus administration fees in the amount of $826.18. City recommended that the respondent be removed from the facility along with monetary fine on the property. Client attorney had nothing to add. Sherry Schwartz, attorney for Heartland, appeared in March with an agreement to afford an accommodation for more time to work with FDLE and State of Massachusetts, where Mr. Ehrhart was originally classified as a sexual offender. Offense was over 30 years ago. Mr. Ehrhart is a resident at Heartland on hospice care, end-stage Alzheimer’s Dementia. Diligent efforts to work with all agencies are a long process. There is a major discrepancy between documentation received by FDLE and Ms. Schwartz as to whether Mr. Ehrhart is currently required to register in Massachusetts. FDLE takes position that Mr. Ehrhart is required to register in Florida. Previous magistrate said that as long as there is progress, more time could be given. So far, Heartland has not been able to find a facility to take Mr. Ehrhart on hospice care. FDLE based their failure to relinquish registration requirement on faulty information. Ms. Schwartz asked that the fine be mitigated to present date, either to remove Mr. Ehrhart or alternatively show that he no longer has to register as a sex offender. Decision Ms. Ellis ruled that Mr. Ehrhart has to be removed within two weeks, August 3, 2016. Fines will not be assessed, but administrative fees of $826.18 will be due. VI. NEW BUSINESS B. Cases to be Heard - New Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Case No. 15-2532 Clemente Perez & Elsa Hernandez th Property Address: 210 SE 4 Ave, Unit 1 Type of Property: Multi-family unit Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-16 Apply for and pass for business tax receipt and certificate of use for rental property. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was November 9, 2015. Initial written notice was November 9, 2015. Ten days given to comply. Date notice posted on property and City Hall was July 8, 2016. Date property last inspected was July 19, 2016. It is not a repeat violator. City recommended 30 days for compliance, or $100 a day. Walter Krebs, representing contractor and Clemente Perez, says all that is needed is an extension so problems can be fixed. The property is occupied, rent is being collected. Decision Ms. Ellis ordered a 30-day extension date of August 19, 2016, or $100 a day. Case No. 16-260 Clemente Perez & Elsa Hernandez th Property Address: 210 SE 4 Ave, Unit 1 Type of Property: Multi-family unit Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CH 10 SECT 10-57A CH 10 SECT 10-57E CH 10 SECT 10-59E Permit required for all bathroom windows, missing door frames, weather stripping for main door, missing bathroom fan, light switches in living room and bedrooms not working. Unit 2: door frame and weather stripping for main door missing, missing soffit in back of building. Officer Cain presented the case, which was a City Department referral. The initial written notice was February 2, 2016. Thirty days given to comply. Date notice posted on property was July 8, 2016. Date property last inspected was July 19, 2016. It is not a repeat violator. City recommended 30 days for compliance, or $200 a day. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Walter Krebs, representing contractor and Clemente Perez, said all permits are being pulled, the work is almost done, and then the work is ready to be inspected. Decision Ms. Ellis ordered a 30-day extension to complete the work and pass the inspection, date of August 19, 2016, or $200 a day. Case No. 16-368 James Quickel II & Sharon Quickel/ Ocean Investment th Property Address: 128 SE 12 Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-16 CO CH 15 SECT 15-120D INC Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Install sod in yard as well as remove outside stores from carport and side yard, including trailer, truck, and furniture that is not being actively used. Officer Hart presented the case, which was a routine inspection. The initial inspection date was February 12, 2016. It is not a repeat violator. Thirty days were given to comply. The green card was signed June 17, 2016. Date of last inspection was July 19, 2016. City recommends 30 days for compliance, August 19, 2016, or $100 a day. James Quickel, one of the owners (family-owned business ), said he understood what needed to be done, doing the best he can. Mr. Quickel asked for 60 days because of family hardship. City has no objection. Decision Ms. Ellis ordered a 60 day extension to September 18, 2016, or $100 a day. Case No. 16-755 Ocean Investment & Development LLC Property Address: 37 Country Lake Circle Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-7 INC CO CH 13 SECT 13-16 Obtain a business tax receipt, apply for and obtain a certificate of use for occupancy. Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Officer Cain presented the case, which was a citizen complaint. It is not a repeat violator. Initial inspection date was April 13, 2016. Initial written notice was May 17, 2016. Fourteen days were given to comply. Notice was posted on the property and at City Hall on June 8, 2016. Date of last inspection was June 14, 2016. City recommended 15 days for compliance, August 4, 2016, or $100 a day. David Rosenblum said did not know license was needed until notice was found on door. The property is rented. Paid for license yesterday, now needs to pass the inspection. Decision Ms. Ellis ordered a 15-day compliance of August 4, or $100 a day. Case No. 16-1005 Third Federal Savings & Loan of Cleveland th Property Address: 2385 SW 13 Terrace Type of Property: Single-family, non-homesteaded Violation(s): CO CH15 SECT 15-120D INC CO CH15 ARTICLE 9-15-120E INC CO CH10 SECT 10-56B Repair all broken windows and gutters, trim palm trees and hedges out front. Officer Cain presented the case, which was a citizen complaint. It is not a repeat violator. Initial written notice was June 3, 2016. Fourteen days were given to comply. Green card was signed on July 1, 2016. Date of last inspection was July 19, 2016. Only things remaining for repair are the gutters. City recommended 10 days for compliance, July 30, 2016, or $100 a day. Evan Heffner, Attorney for Third Federal Savings & Loan, said the gutters would be corrected by July 28. He is seeking an extension through the first week of August. Decision Ms. Ellis ordered a 15-day compliance of August 4, or $500 a day. Case No. 16-929 Peter Ryland th Property Address: 1311 SW 25 Ave. Type of Property: Single-family home, homesteaded Violation(s): LDR CH3 ARTICLE 2 SECT 6 Hedges along driveway and street are a visual obstruction. Trim hedges down to Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 30 inches. See diagram attached to notice. Officer Cain presented the case, which was a citizen complaint. Initial inspection was May 17, 2016. It is not a repeat violator. Initial written notice was June 3, 2016. Ten days were given to comply. Green card was signed June 27, 2016. Date property last inspected was July 20, 2016. Health and safety issue noted. City recommends 10 days for compliance, July 30, 2016, or $500 a day. Ms. Ellis reviewed pictures and facts of the case, and swore in those giving testimony. Jeff Livergood, Director of Public Works & Engineering, presented two issues as concerns for public safety: 1) Ability for adjacent property owners to safely back out/drive out of driveways into public highway; 2) pedestrian safety in neighborhoods where there are no public sidewalks. All of the obstructions of these two items are on public right of way, City land. Ms. Ellis reviewed the history of the complaint. Chris Yanuzzi, Code compliance Coordinator, gave historical review of the location. Every three or four years a complaint is made at this address. There have been five citations, the last of which was complied with in 2011. Mr. Yanuzzi wrote a letter to Colin Groff, Assistant City Manager, on June 17, 2016, which was read into the record. Ms. Ellis asked if City is asking for trimming or complete removal, to which Mr. Yanuzzi said removal, either by Mr. Ryland or the City. Peter Ryland, owner of property, gave his version of the history of the property. He claims he has maintained the plantings and gave pictures to Mr. Livergood and other evidence of previous citations. Mr. Ryland questioned Mr. Livergood as to his opinion of the use of the diagram (P13) for trimming hedges. Mr. Livergood’s concern is not over the private land, but the public right of way. P13 refers to plantings on private property. Mr. Ryland has misunderstood the arrangements with the City as to how the public area was to be maintained. Ms. Ellis said Mr. Ryland and the City are to work together to reach a solution. Decision Ms. Ellis ordered a 20-day compliance date of August 9, 2016, or $500 a day. Case No. 16-1024 G & I VIII Meadows Square LLC Property Address: 4775 N Congress Ave. Type of Property: Commercial Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Tenant: on demand tax service needs permit for interior remodel. Tenant: on demand tax service must obtain a business tax receipt. Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Must apply for and obtain a certificate of use for occupancy. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was June 6, 2016. It is not a repeat violator. Initial written notice was June 6, 2016. Ten days were given to comply. Green card was signed with no date. Property was last inspected on June 19, 2016. City recommends 15 days for compliance, August 4, 2016, or $200 a day. Ms. Ellis confirmed that there are three isolated but interrelated violations. Hillary Basket, Property Manager and Managing Agent, states tenant is being evicted from the property, should be out in two weeks, at which time damages can be ascertained, then submit for permit and correct it. Ms. Basket does not have key to space, asked for an extension. City can approve thirty days. Ms. Ellis suggested Ms. Basket work with City as to how to comply within time granted. Decision Ms. Ellis ordered a 30-day compliance, August 19, 2016, or $200 a day. Case No. 16-1076 Pierre G. Commond Property Address: 2021 West Woolbright Rd., Unit 204 Type of Property: Multi-family unit Violation(s): CO CH10 SECT 10-58D CO CH10 SECT 10-59C CO CH10 SECT 10-56H Repair all leaking plumbing pipes in the kitchen and bathrooms. Repair all appliances. Have property exterminated to get rid of all insects. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was June 13, 2016. It is not a repeat violator. Initial written notice was June 13, 2016. Ten days were given to comply. Notice was posted on the property and at City Hall on July 8, 2016. Property was last inspected on July 19, 2016. Health and safety hazards are present. City recommends 10 days for compliance, July 30, 2016, or $500 a day. Pierre Commond, owner of property, said he is in a divorce process now, was not in house when things happened, and requests an extension. Ms. Ellis said the time to comply is sufficient for fixing the items listed. Decision Ms. Ellis ordered compliance by July 30, 2016, or $500 a day. Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Case No. 16-1084 Family Estate Florida LLC th Property Address: 711 SW 16 St. Type of Property: Vacant Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Complete interior remodel and exterior enclosure started without permit. Must secure permits and receive all required inspections as indicated in Red Tag. Officer Cain presented the case, which was a City Department referral. Initial inspection date was June 15, 2016. It is not a repeat violator. Initial written notice was June 20, 2016. Ten days were given to comply. Notice was posted on the property and at City Hall on July 8, 2016. Property was last inspected on July 19, 2016. Health and safety hazards are present. City recommends 15 days for compliance, August 4, 2016, or $500 a day. Keith Lewis, registered agent for Family Estate, has a contract with a contractor, has paid receipts, and has gone into a lawsuit with contractor on June 24, 2016, for abandoning the project. Mr. Lewis paid the contractor $32,000 and he is nowhere to be found. Mr. Lewis is asking for more time to reconcile, and has to get another contractor. Ms. Ellis asked for City’s recommendation, to which Officer Cain replied when he went out to photograph the site, it was unsecured, left wide open, so there is a health and safety issue. Decision Ms. Ellis ordered the property be secured by August 4, 2016, and granted 60 days for permit, September 18, 2016, or $500 a day. Case No. 16-469 Orion Federal LLC Property Address: 747 South Federal Hwy. Type of Property: Vacant Violation(s): LDR CH2 ART 2 SECT 2 Florida B3 LDR CH14 ART 2 SECT 4A-13 Modification of approved site plan without City review or approval. Property was not maintained according to City Landscape Plan. Officer Hart presented the case, which was a City Department referral. Initial inspection date was February 26, 2016. It is not a repeat violator. Initial written notice was June 10, 2016. Thirty days were given to comply. Notice was posted on the property and at City Hall on July 8, 2016. Property was last inspected on July 18, 2016. No Health and Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 safety hazards are present. City recommends 60 days for compliance, September 18, 2016, or $100 a day. Rod Feiner, attorney with Coker & Feiner, Ft. Lauderdale, gave brief history of storm damage over the years to the property. Mr. Feiner has spoken with the City Arborist who suggested hiring landscape architect to modify the site plan. This requires an administrative process, and after approval landscaping can be installed. Mr. Feiner asks that this case be continued for 60 days due to landscape architects being extremely backlogged at the moment. Some discussion ensued as to when to “start the clock” for compliance, eventually agreeing on 90 days. Decision Ms. Ellis ordered a 90-day compliance date of October 18, 2016, or $100 a day. Case No. 16-749 Integrated Real Property, Inc. st Property Address: 2020 NE 1 Lane Type of Property: Multi-family, duplex Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain a permit for the work done without a permit, demo, etc. Officer Hart presented the case, which was a routine inspection. Initial inspection date was April 13, 2016. It is not a repeat violator. Initial written notice was April 13, 2016. Ten days were given to comply. Notice sent by Certified Mail June 23, 2016. Green card was received June 25, 2016. Property was last inspected on July 18, 2016. Situation still exists. City recommends 30 days for compliance, August 19, 2016, or $100 a day. Carol Brenner, real estate agent, stated the property is for sale. Two violations were on the property, with the intention of the owner to fix the property, but owners ran out of money and decided to sell. First violation was landscaping issues, since complied. Current buyer wants to file the permit if 60 days can be granted. Property being purchased in distressed situation. After discussion, Mr. Yannuzzi recommended 60 days for compliance. Decision Ms. Ellis ordered a 60-day compliance date of September 18, 2016, or $100 a day. Case No. 16-900 Irache Partners, LLC Property Address: 480 West Point Beach Blvd. Type of Property: Commercial property, occupied hotel Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Violation(s): 105.1, 109.4, 110.3 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Red Tag, unsafe structure, ceiling collapse at carport. Do not use until engineer provides plans to support roof. Engineering contractors required. Officer Hart presented the case, which was a City Department referral. Initial inspection date was May 12, 2016. It is not a repeat violator. Initial written notice was May 12, 2016. Ten days were given to comply. Notice was posted on the property and at City Hall on June 8, 2016. No permits applied for as of July 18, 2016. Health and Safety hazard exists. City recommends 30 days for compliance, August 19, 2016, or $500 a day. Ms. Ellis reviewed the photographic evidence and asked if any of it had been fixed. Officer Hart said the damaged wood has been removed but not repaired. Steven Giram, hotel property manager, stated the property is The Inn at Boynton Beach. Mr. Giram stated the area has been tied off from any access, and there is a mode of egress for guests on opposite side of building, so no one approaches the area. Jay The architectural plans will be submitted with permit request in a few days. Pastorius, Triton Associates, General Contractor, stated that the taped off area is more extensive than shown, that customers are re-routed to back of property for entry. Ready to apply for permit, but delayed as insurance investigation is still under way. It was too late to get removed from docket. Decision Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $500 a day. Case No. 16-1013 Wells Fargo Bank NA th Property Address: 415 NW 4 Ave. Type of Property: Violation(s): 105.1of Florida Building Code, 2014 Edition of Boynton Beach CO CH15 SECT 15-120D INC CO CH10 SECT 10-56B CO CH10 SECT 10-56D CO CH10 SECT 10-58F CO CH10 SECT 10-59E Permits required for all windows replaced without a permit. Replace all missing torn screens, repair and clean driveway, remove all outside storage, trash and debris, repair and paint rotten fascia. Permits required to repair/ Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 replace washing machine drainage. Sod all bare areas in front yard. Officer Hart presented the case, which was a City Department referral. Initial inspection date was June 3, 2016. It is not a repeat violator. Initial written notice was June 3, 2016. Fifteen days were given to comply. Notice sent by Certified Mail on June 22, 2016. Signed green card received on June 27, 2016. Property was last inspected on July 18, 2016, violations still exist. City recommends 15 days for compliance, August 4, 2016, or $300 a day. Ms. Ellis asked if all items are still in violation and if it was vacant. Officer Hart said yes to the violations and it looks to be inhabited. Office Hart gave photos of property to Ms. Ellis. Dennis Ghery, representing Wells Fargo Bank, stated the bank had just recently taken over this property. They are asking for 90 days to comply. Mr. Ghery stated that the property is vacant, no squatters. Ms. Ellis stated that each violation is different in nature, some need permits, other things could be remedied more quickly. Ms. Ellis gave 30- days compliance for items needing permits: windows, replace AC unit, repair/clean driveway, repair/replace washing machine drainage; and 15-days compliance for missing/torn screens, outside storage, trash and debris, repair/paint fascia, sodding bare areas in front yard. Decision Ms. Ellis ordered a 15-day compliance date of August 4, 2016, and 30-day compliance date of August 19, 2016, as listed above, or $300 a day for either. Case No. 16-1053 Sanchez & Lopez Investments, LLC th Property Address: 320 NE 13 Ave. Type of Property: Multi-family unit, R2 duplex Violation(s): CO CH10 SECT 10-56D CO CH10 SECT 10-56E CO CH10 SECT 10-59D CO CH10 SECT 10-59E Repair the roof in Unit 10 to stop leak. Repair ceiling in bathroom. Repair bathroom light to work properly. Repair air conditioner unit for proper drainage. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was June 9, 2016. It is not a repeat violator. Initial written notice was June 9, 2016. Ten days were given to comply. Notice sent by Certified Mail on June 23, 2016. Signed green card received on June 27, 2016. Property was last inspected on July 12, 2016, violations still exist. Officer Hart was unable to contact the tenant on last visit. City recommends 10 days for compliance, July 30, 2016, or $150 a day. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 No one appeared. Case No. 16-1054 Jose & Dominga Santiago rd Property Address: 444 SW 3 Ave. Type of Property: Multi-family unit, R2 duplex Violation(s): CO CH13 SECT 13 through 16 CO CH13 SECT 13-7 INC CO CH15 SECT 15-120D INC Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Mow, trim, and de-weed north side of yard. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was June 9, 2016. It is not a repeat violator. Initial written notice was June 9, 2016. Ten days were given to comply. Notice sent by Certified Mail on June 23, 2016. Signed green card received on June 25, 2016. A rental inspection was on July 12, 2016, but failed. City recommends 10 days for compliance, July 30, 2016, or $100 a day. Dominga Santiago, co-owner of property, affirms property is rented and income is being received. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $100 a day. Case No. 16-1086 Henry C King & Lorine King th Property Address: 424 NW 5 Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120D INC CO CH10 SECT 1052 CO CH10 SECT 1056B CO CH10 SECT 1056C CO CH10 SECT 1056D Mow, trim, and de-weed all overgrowth. Repair/replace broken garage door. Repair/replace broken windows. Repair broken roof tiles (requires permit). Repair rotten fascia. Remove all materials stored outside as well as trash and debris. Pool must be kept in a clean, sanitary condition or drained and covered. All windows must have properly fitting, intact window screens. Repair fence or secure pool. Remove all inoperable, unregistered vehicles from property. Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Officer Hart presented the case, which was a City Department referral. Initial inspection date was July 1, 2016. Last inspection was on June 18, violations still exist. Ten days were given to comply. City recommends 10 days for compliance, July 30, 2016, or $750 a day due to life safety hazard for pool. Lorine King, former owner of property, stated property had been foreclosed by One West Bank and Fannie Mae is the new owner. Foreclosure action started January 2016, sale date was June 2, 2016. Ms. Ellis said that Mrs. King’s responsibility has been terminated as no longer owners. Mr. Yannuzzi said they would re-inspect and cite the proper owner. Case No. 16-970 Dillon Boynton LLC th Property Address: 504 SE 28 Ave. Type of Property: Multi-family unit Violation(s): CO CH13 ART 1 SECT 13-16 CO CH13 SECT 13-7 INC CO CH10 SECT 10-56H Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Unit 10E in need of insect and rot extermination to resolve infestation issue. Officer Pierre presented the case, which was a citizen complaint. It is not a repeat violator. Five days were given to comply. Signed green card dated on June 16, 2016. City recommends 10 days for compliance, July 30, 2016, or $200 a day. Officer Pierre stated property is occupied, that another tenant made the complaint, and the complainant said she did not know if other units were also infested. Adrian Sotolongo, property manager, stated the business tax receipt has been obtained, on the way to passing the inspection. Mr. Sotolongo has spoken with fire marshal, learned about all the violations he was not aware of. Dillon Boynton purchased property June 2015. Tenant never told them about the petition. Dillon Boynton does provide extermination service to kitchens and bathrooms to every unit free of charge. Tenant said previous owner never took care of these things. Mr. Sotolongo wants to give another treatment as tenant is not very clean and neat. Mr. Sotolongo asked for a few days more to complete everything. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $200 a day. Case No. 16-1048 Dillon Boynton LLC th Property Address: 405 SE 28 Ave. Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Type of Property: Multi-family unit Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH10 SECT 10-56A and E CO CH10 SECT 10-58D 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Repair water leaks in ceiling in Unit 3. Obtain permit for water heater replaced in Unit 9C. Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Pierre presented the case, which was a citizen complaint. It is not a repeat violator. Fifteen days were given to comply. Signed green card dated on June 30, 2016. City recommends 15 days for compliance, August 4, 2016, or $200 a day. Adrian Sotolongo, property manager, stated the business tax receipt and certificate of use is for the same property. The water leak is completely repaired. Permit for water heater was scheduled for July 20. Decision Ms. Ellis ordered a 15-day compliance date of August 4, 2016, or $200 a day. Case No. 16-1042 Beauly LLC st Property Address: 3010 SE 1 St. Type of Property: Single-family home, non-homestead Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH15 SECT 15-120D INC Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. De- weed and sod the yard. Officer Pierre presented the case. Signed green card dated on July 5, 2016. City recommends 10 days for compliance, July 30, 2016, or $200 a day. Julie Hynds, representing Beauly LLC, stated application for the business tax receipt has been made, inspection remains to be scheduled. The de-weeding and sodding of the yard has been done. Decision Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $200 a day. Case No. 16-1063 Beauly LLC nd Property Address: 3618 SE 2 Court Type of Property: Adult congregative live-in facility Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC ACLF Tenant must obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Pierre presented the case. City recommends 30 days for compliance, August 19, 2016, or $200 a day. Julie Hynds, representing Beauly LLC, stated upon learning the tenant was running an adult facility, a care notice was immediately issued to the resident. Beauly has been working closely with Officer Pierre to maintain compliance. On July 18 it appeared that everyone had been removed from the home, but have since learned there were two others there, allegedly relatives of tenant, not on the lease. Beauly is moving forth with termination. Based on questions to Ms. Hynds and Officer Pierre, Ms. Ellis wanted to issue a Cease and Desist Order to tenant, Lotus Corp. Decision Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $200 a day, as well as a Cease and Desist Order for the tenant. Case No. 16-1078 Jonathan Davison th Property Address: 722 SW 24 Ave. Type of Property: Single-family home Violation(s): CO CH15 SECT 15-120D INC Repair or replace fence. Officer Pierre presented the case, which was a citizen complaint. Initial inspection date was June 13, 2016. It is not a repeat violator. Notice was posted on the property and at City Hall on June 7, 2016. Ten days were given to comply. City recommends 30 days for compliance, August 19, 2016, or $100 a day. Officer Pierre showed photos to respondent and Ms. Ellis. Jonathan Davison, owner of property, affirms photos represent status of the fence as of today. Tenant did not forward notice to Mr. Davison until last week, so requesting an extension to fix it. Ms. Ellis said the 30 days is from today’s date. Page 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Decision Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $100 a day. Case No. 16-1843 Live Oak Park LLC Property Address: 55 S Palm Dr. Type of Property: Single-family house, non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for business tax license and certificate of use for occupancy as rental. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was May 5, 2016. It is a repeat violator. Written notice was given on May 5, 2016. Ten days were given to comply. Notice was sent Certified Mail on June 10, 2016. Received signed green card on June 22, 2016. AC Permit 16-2753 issued on July 6, 2016, and has no inspections. Water Heater Permit 16-2442 issued on June 7, 2016, has received no inspections. Other building permits are required for the property as well. City recommends 30 days for compliance, August 19, 2016, or $250 a day. Nabil Kishk, owner of property, stated that repeat violator status is on another property, this is the first time for this property. Mr. Kishk claimed AC and plumbing were done, but has not asked for inspection because of another issue, for a storage conversion. Has bad experience and knows this can take approximately three months. Mr. Kishk asked for a three month extension. Mr. Yannuzzi asked why he had not asked for other inspections, Mr. Kishk said everything was to be done at once. Mr. Kishk now says he can have everything done except the conversion by July 29, 2016. Officer Weixler showed pictures of property, showing carport is not the only issue. Ms. Ellis asked if the property was occupied and if the garage was converted to a living space. It is occupied by one family and the space is being used as a bedroom. Ms. Ellis will issue a Cease and Desist Order for occupant to not use that garage space as of July 25, 2016. City has no problem granting 60 days to comply. Decision Ms. Ellis ordered a 60-day compliance date of September 18, 2016, or $250 a day, with an accompanying Cease and Desist Order for the garage as of July 25, 2016, or $500 a day. Case No. 16-1843 Pierre Blanc & Naromie Julien rd Property Address: 2628 NE 3 St. Type of Property: Single-family house, non-homesteaded Violation(s): CO CH13 SECT 13-16 Page 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 CO CH13 SECT 13-7 INC CO CH10 SECT 10-52 CO CH15 SECT 15-120B INC CO CH15 SECT 15-120D INC Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. De- weed and re-rock driveway swell front. Remove all outside storage, trash and debris, and inoperable vehicle. Reestablish grass seed or sod. Officer Weixler presented the case, which was a routine inspection. It is not a repeat violator. Written notice was given on May 26, 2016. Ten days were given to comply. Notice was sent Certified Mail on June 10, 2016. Received signed green card on June 18, 2016. Occupant applied for COU on June 13, 2016, an exterior building permit 16- 486 Sect 621 with no inspections. AC, bathroom renovations permit pending. Last date property was inspected July 19, 2016. City recommends 30-days compliance date, August 19, 2016, or $200 a day. Ms. Ellis asked if anything has been fixed. Officer Weixler replied nothing has complete compliance or received inspections. Officer Weixler showed Ms. Ellis photographs of property. Naromie Julien, owner of property, confirmed she is working on the permits for inspections, but now is being asked to do the parking lot and the grass, so she needs more time to do that. Ms. Ellis said 30 more days are granted to do that. Ms. Julien asked for 60 days, but Ms. Ellis reminded her she has had since May to comply on everything, as Officer Weixler confirmed. After some discussion, Ms. Ellis granted 45 days, September 3, 2016. Decision Ms. Ellis ordered a 45-day compliance date of September 3, 2016, or $200 a day. Case No. 16-714 Olen Properties Corp Property Address: Quantum Lakes Drive Type of Property: Multi-family unit Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH10 SECT 10-56D CO CH10 SECT 10-56E CO CH10 SECT 10-56H Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy for rental property. Remove all mold from Page 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 property (has complied). Please have property exterminated to get rid of all insects. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was April 6, 2016. It is not a repeat violator. Initial written notice was given on April 6, 2016. Fourteen days were given to comply. Green card was signed on June 13, 2016. Property was last inspected was July 19, 2016. There could be health and safety hazards. City recommends 10-days compliance date, July 30, 2016, or $200 a day. Ronald LeVie, construction manager for Olen Properties, appeared and confirms he understands the nature of the violations. Can comply with the pest extermination, but will take time to accomplish certificate of occupancy because of changes in personnel changes at the City level over past three years. Mr. LeVie states it may take up to 90 days to comply. Mr. Yannuzzi clarified that they are not looking for original certificate of occupancy, but an annual certificate of use to allow rental, which is the same application for the business tax receipt. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $200 a day. Case No. 16-766 JK Nelson IV LLC Property Address: 2724 Yale Lane Type of Property: Multi-family unit Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection to for business tax receipt and a certificate of use and occupancy for rental property. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was April 15, 2016. It is not a repeat violator. Initial written notice was given on April 15, 2016. Ten days were given to comply. Notice was posted on the property and at City Hall on July 11, 2016. Property was last inspected was July 11, 2016. There are health and safety hazards. City recommends 10-days compliance date, July 30, 2016, or $100 a day. Jacqueline Thorpe, property manager, stated there are new owners and only learned of problem with water heater on July 11, 2016, and needs a list of things that need to be done and 30 days to correct them in order to comply. Tenant was given a list of three items: exhaust fan in bathroom, water heater permit, properly labeled electric panel box. Officer Cain will give Ms. Thorpe the list. Decision Page 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Ms. Ellis ordered a 15-day compliance date of August 4, 2016, or $100 a day. Case No. 16-766 JK Nelson IV LLC Property Address: 2724 Yale Lane Type of Property: Multi-family unit Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection to for business tax receipt and a certificate of use and occupancy for rental property. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was April 15, 2016. It is not a repeat violator. Initial written notice was given on April 15, 2016. Ten days were given to comply. Notice was posted on the property and at City Hall on July 11, 2016. Property was last inspected was July 11, 2016. There are health and safety hazards. City recommends 10-days compliance date, July 30, 2016, or $100 a day. Jacqueline Thorpe, property manager, stated there are new owners and only learned of problem with water heater on July 11, 2016, and needs a list of things that need to be done and 30 days to correct them in order to comply. Tenant was given a list of three items: exhaust fan in bathroom, water heater permit, properly labeled electric panel box. Officer Cain will give Ms. Thorpe the list. Decision Ms. Ellis ordered a 15-day compliance date of August 4, 2016, or $100 a day. VII. OLD BUSINESS A. Lien Penalty Certifications – Tabled Case No. 15-2718 Filius Dieu Conserve th Property Address: 407 NE 11 Ave. Type of Property: Multi-family unit 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. Notice of violation was December 9, 2015. Magistrate hearing and date was March 16, 2016, and no one appeared. The compliance date was Page 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 May 20, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected June 19, 2016, and the violation still exists. There are 61 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $826.18. Respondent is present. Ms. Ellis asked about the nature of the violations, and Mr. Pierre explained there are windows and AC needing permits. Filius Dieu Conserve, owner of property, related history of problems with notification. Tenant was the complainant, spoke with Mr. Shickles at the City, and then stopped paying rent. Ms. Ellis, Mr. Conserve, Mr. Yannuzzi, and Mr. Pierre compared notes and discussed the dates of hearings, how often the respondent was present, and the number of times the case was tabled. Mr. Conserve complained that the notices were sent to the property and not to his address. Also, the complaining tenant is no longer occupying the premises, and there is a new tenant there now. Mr. Pierre did confirm that Mr. Conserve did come to the last hearing when Mr. Pierre told him that he had tabled the case, so Mr. Conserve left, and that’s why no one appeared. Decision Based on the testimony, Ms. Ellis tabled the matter one last time to August 24, 2016. Case No. 16-250 Maisons LLC Property Address: 130 W Ocean Dr. Type of Property: Multi-family unit 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. Notice of violation was February 1, 2016. Magistrate hearing and date was April 20, 2016, and no one appeared. The compliance date was April 30, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected June 19, 2016, and the violation still exists. There are 81 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $634.12. Respondent is present. Alejandro Fernandez, owner of property, had an interpreter, Marie S[?], who claimed to be part of the company. Ms. S said they had no knowledge of the first hearing. They have been working with Mr. Pierre to resolve the issues. Mr. Pierre confirmed that they met on May 2 when he said they need a permit for the windows, water or plant grass, install smoke detectors. Mr. Fernandez did apply for the permit for the windows, but have not had a final inspection for the business tax receipt. Ms. S said that the previous meeting was with the real estate agent and that agent did not give them that information. Page 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Decision Based on the testimony, Ms. Ellis certified the lien on the property. Case No. 16-2325 J.S. Ende Family LTD Partnership Property Address: 2900 High Ridge Rd. Type of Property: Commercial Violation(s): CO CH15 SECT 15-120D INC LDR CH3 ART 4 SECT 3-D Boynton Beach Marble and Granite. Remove all outside storage from the parking spaces. Remove all discarded wood pallets and excessive trash. Modify site plan to store products in parking spaces. Officer Weixler presented the case. Notice of violation was October 19, 2015. Magistrate hearing and date was December 16, 2015, and Krishna Rammanan appeared. The compliance date was December 26, 2015, and proposed fine set by the Magistrate was $250 a day plus administrative fees. The property was inspected July 19, 2016, and the violation still exists. There are 207 days of non-compliance and the fine continues to accrue at $250 per day plus the administrative fees in the amount of $384.12. . Krishna Rammanan, representative of owner of property, said the site plan modifications were received July 20, 2016, for redoing the building and removing everything. Mr. Rammanan is concerned that the lien on the property is unjust as they still need 60 days to comply. The building was purchased July 31, 2015, and this has been an ongoing issue for the last four years. There were no liens on the property at time of purchase. If there had been a lien on the property at time of purchase, it would have been resolved earlier. Respondent took possession of the building July 31, 2015. Mr. Rammanan said there currently is a legal battle with the tenant, as these are their issues. Tenant has lied that the documents have been submitted. Mr. Rammanan guarantees if he is granted 60 days it will be resolved as he has the approved plans in hand. Ms. Ellis asked for the total fine. Mr. Yannuzzi said $51,750.00, plus $382.12 in fees, and it is still not in compliance, and added that it has been tabled for fine certification in February, March, April, respondent appeared in May, tabled until June 15 when no one appeared, and was extended to July. Ms. Ellis stated that even though it is a complicated issue, there have been a lot of extensions. Decision Based on the testimony, Ms. Ellis certified the lien on the property, stating that once respondent is in compliance they can request a lien reduction. Page 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Case No. 16-2405 J.S. Ende Family LTD Partnership Suncore Industries FL LLC Property Address: 2900 High Ridge Rd. Type of Property: Commercial Violation(s): CO CH13 SECT 13-16 CO CH15 SECT 15-120D INC CO CH10 SECT 10-5060 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Suncore Tenant Bay No. 6 working with a business tax receipt. Install the slab, air compressor, door, new rack system, all without benefit of permits. Access road created without approval or permits. Remove all trash and debris. Repair crack in sidewalk. Officer Weixler presented the case. Notice of violation was October 28, 2015. Magistrate hearing date was December 16, 2015, and Krishna Rammanan appeared. The compliance date was December 15, 2015, and proposed fine set by the Magistrate was $500 a day plus administrative fees. The property was inspected July 19, 2016, and the violation still exists. There are 187 days of non-compliance and the fine continues to accrue at $500 per day plus the administrative fees in the amount of $384.12. Krishna Rammanan, representative of owner of property, said the site plan modifications were held up while they receive plans for Boynton Beach Marble. Now that they have it, they are able to do the other site modifications and should have the new modifications in two weeks. Ms. Ellis asked if the work had been done and just needed to submit the modified site plan. Officer Weixler notes that the reason the fine was $500 a day is due to a safety issue of penetrating a firewall, and at his visit yesterday there were still holes in the firewall. The work to be done is more than a slab and air compressor. Officer Weixler added that the road needs a site plan and that there are many levels to this compliance. Mr. Yannuzzi stated the total fines currently are $93,500 plus $384.12 administrative fees for this case alone. Once in compliance, steps for application of lien reduction can be made. Decision Based on the testimony, Ms. Ellis certified the lien on the property. Case No. 16-503 Florida Rental Specialist LLC rd Property Address: 1007 SE 3 St. Type of Property: Single-family house Violation(s): CO CH15 SECT 15-120D INC Page 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 CO CH15 SECT 15-120D 1E CO CH10 SECT 10-56A CO CH10 SECT 10-59A CO CH10 SECT 10-59D CO CH10 SECT 10-60A 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Install sod in yard and swale, repair driveway. Repair stove and electrical system in house. Trim all overgrowth. Repair or remove fence. Install smoke detectors in bedrooms. Permit required to install windows. Officer Cain presented the case. Notice of violation was March 3, 2016. Magistrate hearing date was May 18, 2016, and respondent appeared. The compliance date was May 23, 2016, and proposed fine set by the Magistrate was $250 a day plus administrative fees. The property was inspected July 19, 2016, and the violation still exists. There are 58 days of non-compliance and the fine continues to accrue at $250 per day plus the administrative fees in the amount of $634.12. Everything currently complies except for windows. Alfina Hernandez, property manager, stated application has been submitted, but City has not yet responded with approved permit application. Ms. Ellis asked why the delay. Ms. Hernandez said that there have been delays, her coworker who has been handling most of it is out of the office, and Ms. Hernandez said she really could give no good excuse. Mr. Yannuzzi said the application for the windows is in compliance check as of July 12, 2016. Ms. Ellis informed Ms. Hernandez that the daily fine began to accrue after May 24, 2016, for a current total $14,500, plus $634.12 in administrative fees. Also, fine continues to accumulate until compliance. Decision Based on the testimony, Ms. Ellis certified the lien on the property. Case No. 16-109 Florida Rental Specialist LLC rd Property Address: 1007 SE 3 St. Type of Property: Single-family house Violation(s): CO CH13 SECT 13-6 CO CH13 SECT 13-7 INC Apply for and pass inspection for business tax receipt and certificate of use for occupancy of rental property. Page 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Officer Cain presented the case. Notice of violation was January 11, 2016. Magistrate hearing date was May 18, 2016, and respondent appeared. The compliance date was June 2, 2016, and proposed fine set by the Magistrate was $250 a day plus administrative fees. The violation still exists. There are 48 days of non-compliance and the fine continues to accrue at $250 per day plus the administrative fees in the amount of $634.12. Mr. Yannuzzi stated that the fine as of July 20, 2016, would be $12,000 for this case. Alfina Hernandez, property manager, asked questions as to what to expect with a lien reduction. Ms. Ellis said it is at her discretion; she could eliminate the lien, but administrative fees still must be paid. Each case is judged on the facts. Mr. Yannuzzi clarified that as of this date, the business tax receipt has not been issued, nor has the certificate of use, application only. Mr. Yannuzzi also stated the total for the two cases is approximately $20,000 plus administrative charges. Decision Based on the testimony, Ms. Ellis certified the lien on the property. Case No. 16-312 Juvenal Suarez & Myrna Suarez Property Address: [unknown] Officer Cain said the case has complied as of July 20, 106. Case No. 16-550 13 Prop LLC th Property Address: 500 NW 8 Court Type of Property: Single-family house Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain permit for front windows and shed in rear yard. Officer Cain presented the case. Notice of violation was March 9, 2016. Magistrate hearing and date was May 18, 2016, and no one appeared. The compliance date was June 17, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected July 19, 2016, and the violation still exists. There are 33 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $634.12. Shed has been removed. Sonia Vicente, property manager, said they have submitted the application for the window permit on April 18, 2016. The property was inspected and will require three more permits for new structure (electrical, plumbing, mechanical), which were applied for on June 1, June 9, and June 13, but have not yet been approved. Ms. Ellis asked why no one appeared on May 18. Ms. Vicente replied that they were unsure if they had Page 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 to come because they were waiting on reply to the April 18 permit application. Ms. Ellis still said it was a failure to appear. Decision Based on the testimony, Ms. Ellis certified the lien on the property. Case No. 16-650 50 Friends Funds Capital LLC th Property Address: 424 SW 10 Ave. Type of Property: Single-family house Violation(s): CO CH15 SECT 15-120D INC CO CH10 SECT 10-59D Sod all areas visible from the City street, mow, trim and de-weed all overgrowth. Remove all materials stored outside as well as trash and debris. Repair potholes in driveway. All windows must have screens that fit properly. Repair all missing/broken electrical cover outlets. Officer Weixler presented the case. Notice of violation was March 29, 2016. Magistrate hearing and date was June 15, 2016, and no one appeared. The compliance date was June 25, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected July 15, 2016, and the violation still exists. There are 25 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $634.12. In addition, the mowing, trimming, and de-weeding have been complied, the repair of the potholes has been complied, properly fitting screens on windows have complied, missing/broken electrical cover outlets have complied. Still existing are sod and seed of all visible areas from the street, and removal of all materials stored outside as well as trash and debris. Bradford Anicette, owner of property, stated the tenant is running some sort of a facility business, that he didn’t know when he rented that he didn’t know when he rented what type of business it was. He does think they comply with all the licenses that they need to. Officer Weixler read from Officer Hart’s notes and showed Ms. Ellis the photos. Ms. Ellis confirmed what is left to be done, and asked if the City could be out to the property on Monday to do the inspection. Decision Based on the testimony, Ms. Ellis certified that if by Monday, July 25, 2016, the City has not signed off that everything is done, the lien on the property will stand. Case No. 16-765 50 Friends Funds Capital LLC th Property Address: 424 SW 10 Ave. Page 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Type of Property: Single-family house Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy for rental property. Officer Weixler presented the case. Notice of violation was April 21, 2016. Magistrate hearing and date was June 15, 2016, and no one appeared. The compliance date was June 25, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected July 14, 2016, and the violation still exists. There are 25 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $634.12. Ms. Ellis noted that the tenant has a business tax receipt but the owner has not, so this action is against the owner. Bradford Anicette, owner of property, and Ms. Ellis discussed misunderstanding of procedures for obtaining a business tax receipt and the importance of attending hearings no matter what is believed is needed. Decision Based on the testimony, Ms. Ellis certified the fine. Case No. 16-653 Louis St. Paul th Property Address: 219 NE 7 Ave. Officer Weixler said the case has complied, there is no fine. Case No. 16-782 Joann Batey th Property Address: 130 NW 5 Ave. Type of Property: Single-family house Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH10 SECT 10-58D Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy for rental property. Repair all faulty pipes on property. Officer Weixler presented the case. Notice of violation was April 18, 2016. Magistrate hearing and date was June 15, 2016, and John Kayer appeared. The compliance date Page 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 was June 25, 2016, and proposed fine set by the Magistrate was $250 a day plus administrative fees. The property was inspected July 14, 2016, and the violation still exists. There are 25 days of non-compliance and the fine continues to accrue at $250 per day plus the administrative fees in the amount of $634.12. Officer Weixler stated the plumbing issues have been resolved, toilet was missing a wax ring, although originally were told tenants were dumping concrete in the toilet. Ms. Ellis asked what was holding up the business tax receipt. Officer Weixler believes the owner has a terminal illness, the house is vacant, and is being sold. Joann Batey, owner of property, said she had the plumbing fixed and had someone fix the yard. She didn’t think she needed to apply for the business tax receipt, but did once she was told it was needed. At the time of the inspection, Ms. Batey was given a list of things to repair, even though she is not renting, she is trying to get it done. The property was rented for less than three months with tenants evicted for not paying rent. Ms. Batey said she had a business tax receipt, but was not aware the business tax receipt expires. Some discussion followed about the dates of expiration and the two separate dates when the property was rented. Ms. Batey got the homestead when she evicted the last tenant because she had every intention of living there before she found out the condition of the property (hypodermic needles in the driveway). Mr. Yannuzzi reminded Ms. Batey that if she is not going to live there, she needs to remove the homestead. Decision Based on the testimony, Ms. Ellis closed the case with the caveat that rental of the property is prohibited. Case No. 16-782 Maguene Beaubrun & Supplice Dorsainvil / HFHSPBC CLT Inc. Property Address: 503 N Seacrest Blvd. Type of Property: Single-family house Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH15 SECT 15-120B to INC LDR CH3 ART 2 SECT 6 Fence around property installed without permit. Lower/move mailbox to eliminate visual obstruction of traffic pulling onto Seacrest Blvd. Mailbox must be 41-45 inches above ground level. Officer Weixler presented the case. Notice of violation was June 15, 2016. Magistrate hearing and date was June 15, 2016, and no one appeared. The compliance date was June 25, 2016, and proposed fine set by the Magistrate was $100 a day plus administrative fees. The property was inspected July 14, 2016, and the violation still Page 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 exists. There are 25 days of non-compliance and the fine continues to accrue at $100 per day plus the administrative fees in the amount of $634.12. Jeff Fengler, Habitat for Humanity, also representing owner, apologized to the court for not attending the June 15, 2016, hearing. He is not sure what happened to the paperwork. Ms. Ellis asked why homeowner is not present. Mr. Fengler said Habit for Humanity is the underlying property owner, explaining that CLT is a land trust and the home sits on the land trust, so they retain ownership of the property while the occupant retains ownership of the physical home. Mr. Fengler address the fence without a permit, that there was an existing fence on the property, HFH put in a wooden fence and was told by Andrew Mack that could be considered as a replacement and never heard otherwise. Mr. Fengler called to speak with inspector about mailbox who said he would look at it, and explained why the mailbox could be accessible to the mail carrier, and that he never heard back from the inspector. Mr. Fengler suggests they could bring both items under compliance in the next seven days if the fines or liens could be removed. Officer Weixler showed photographs to Ms. Ellis. Decision Based on the testimony, Ms. Ellis certified that if by Monday, July 25, 2016, the City has not signed off that everything is done, the lien on the property will stand. Case No. 16-825 Nabil Fares th Property Address: 649 NE 6 Ave. Type of Property: Single-family house Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-17 INC CO CH10 SECT 10-56D LDR CH3 ART 2 SECT 6 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Install a minimum of 4-inch house numbers on exterior of home, visible from City street. Officer Weixler presented the case. Notice of violation was April 29, 2016. Magistrate hearing and date was June 15, 2016, and no one appeared. The compliance date was June 25, 2016, and proposed fine set by the Magistrate was $150 a day plus administrative fees. The property was inspected July 14, 2016, and the violation still exists. There are 25 days of non-compliance and the fine continues to accrue at $150 per day plus the administrative fees in the amount of $634.12. Adam Wash, appearing for Nabil Fares, stated this is a notice issue as Mr. Fares has been out of the country for three months. Notice was posted and given to tenants who Page 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 did not notify him as they had no way of reaching him. Mr. Wash was finally notified and applied for the business tax receipt and certificate of use on July 19, 2016, and the numbers should be on house within a week. Mr. Wash asks for lien to be abated. Mr. Yannuzzi said the posting at the residence was June 3, but it was discovered that the address of record for the owner is out of date. Green card was returned June 13, but nobody appeared at June 15 hearing. Mr. Wash states that client was out of the country at that time. Tenants at address in question gave notice of hearing to Mr. Wash on June 20, 2016. Ms. Ellis said installing the house numbers should take very little time, so the owner has to have installed the numbers by Friday, July 22, 2016, and have City sign off. Ms. Ellis cautioned that the inspectors may still find something else. Mr. Wash asked for clarification exactly where the numbers should be and he will take care of it himself. Officer Weixler will do the inspection. Decision Based on the testimony, Ms. Ellis certified that if by Friday, July 22, 2016, to comply. However, if the City finds something else, the lien on the property will stand. Case No. 15-2074 West Boynton Beach Blvd LLC Property Address: Type of Property: Violation(s): Officer Pierre presented the case, and stated the case will be tabled until September 21, 2016, as plans are being submitted July 20, 2016. [Unidentified Party] stated the extension may need to be granted again as the project is quite big. Ms. Ellis said the status can be assessed again in September. Case No. 16-597 Palmaseca Holdings LLC Property Address: 460 Ocean Parkway Type of Property: Single-family house Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Interior home being demolished, renovation being performed without proper permits. Officer Weixler presented the case. Notice of violation was March 14, 2016. Magistrate hearing and date was May 18, 2016, and Rubins Ruberix appeared on behalf of Palmaseca Holdings. The compliance date was June 2, 2016, and proposed fine set by the Magistrate was $150 a day plus administrative fees. The property was inspected July 19, 2016, and the violation still exists. There are 48 days of non-compliance and the fine continues to accrue at $150 per day plus the administrative fees in the amount of $634.12. Page 29 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Jorge Mejia, owner, stated he bought property in tax deed auction, intending to update house. There are delays in clearing the liens on this property. Mr. Mejia had to leave country on family business, attempted to coordinate with the inspecting officers about demolition of the house. The survey companies keep rescheduling or cancelling. Mr. Mejia asks for another month as he has the general contractors ready to go as soon as he gets the survey. Officer Weixler confirms the conversation about the demolition, and states that demolition may negate the charges. Mr. Yannuzzi also confirms conversations with Mr. Mejia, and that he has had issues getting the surplus money from the County. Ms. Ellis and Mr. Yannuzzi explained the process for lien reductions. Decision Based on the testimony, Ms. Ellis certified the lien. F. Lien Reductions – Tabled Case No. 12-1981 Bank of New York Mellon nd Property Address: 1801 NE 2 Lane Type of Property: Single-family house Violation(s): CO CH10 SECT 10-51.5 INC All property that is vacant or subject to recurring notice of default must be registered with the City. Property must be maintained in accordance with City regulations. Mow all overgrown yard areas, trim hedges down to 4 feet in front. Repair fence. Remove all trash and debris. Mr. Yannuzzi presented the case. Notice of violation was October 5, 2012. Code compliance hearing date was November 19, 2012, and no one appeared. The Code compliance date was November 29, 2012, or $250 a day. Compliance date was May 10, 2016, or 1,257 days of non-compliance at $250 a day for a total lien of $314,250 plus administrative costs of $634.12. Seven inspections were done for lien reduction. First contact for lien reduction was August of 2013. An inspection was done with numerous violations identified, with seven additional inspections. The most recent inspection was April 7, 2016, and violations were found. On May 10, 2016, compliance was confirmed and all issues were complied. During March 24, 2015, lien reduction process, outstanding water bills were identified; however, as of May 17, 2016, all were paid. There are no outstanding taxes. This matter was originally set for May 18, 2016, hearing, but was reset for June when there was some sort of discrepancy. Page 30 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Johnny Macandy, owner, stated he became owner last year for $70,000, and is unsure of current value of property. Mr. Macandy said he has spent $20,000 to bring property up to code. He already has a license for rental status. Ms. Ellis asked for specifics on the work that was done. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. G. Lien Reductions – New Case No. 14-1051 Victor Scarpulla Property Address: 581 Alto Road Type of Property: Single-family house Violation(s): CO CH10 SECT 10-56A CO CH10 SECT 10-56B CO CH15 SECT 15-120D INC Remove or register all unregistered vehicles on property. Repair or replace driveway. Remove all outside storage from rear porch. Fix torn screen. Mr. Yannuzzi presented the case. Notice of violation was April 29, 2014. Code compliance hearing date was June 18, 2014, and no one appeared. The Code compliance date was July 3, 2014, or $100 a day. Compliance date was July 1, 2016, or 728 days at $100 a day for a total lien of $72,800 plus administrative costs of $634.12. Five additional inspections have been done. Suzanne Scarpulla, co-owner, stated they have been the owners since July 2001. Mrs. Scarpulla claims they never received notice as it was being sent to the property. Mr. Yannuzzi states their address of record is the property address and Mrs. Scarpulla does not know why that is so. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative costs of $634.12. Case No. 14-1427 Fetlar LLC Property Address: 8052 Stirrup Cay Ct. Type of Property: Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Page 31 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Mr. Yannuzzi presented the case. Notice of violation was June 12, 2014. Code compliance hearing date was August 20, 2014, and Krishna Rammanan. The Code compliance date was August 25, 2014, or $500 a day. Compliance date was October 31, 2014, or 66 days of non-compliance at $500 a day for a total lien of $33,000 plus administrative costs of $730.15. Four additional inspections have been done for the lien reductions, originally contacted to do lien reduction on June 9, 2015. No outstanding utility bills or taxes were identified. First inspection found open air conditioner and water heater permits. Other inspections found no business tax receipt for 2016, and inspection failed for several reasons. Property did pass business tax receipt inspection on June 9, 2016, the same day applied for lien reduction. Julie Hynds, representing Fetlar LLC, said Fetlar is the same company as SRP Sub. From letter of authorization there are numerous entities that are part of the portfolio. Ms. Hynds referenced the property appraiser website for the timing of the ownership. The property was acquired June 2013 under SRP Sub, acting as the acquisition company for the landlord. Deed transfer to Fetlar was January 2014. Initial landlord license was issued October 2013 was valid through September 2014. Mr. Yannuzzi confirmed that a new application is required whenever there is a name change and explained the business tax receipt application process. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $730.15. Case No. 14-2059 Capital Fund Management Property Address: 1061 Crossings Circle Type of Property: Single-family house Violation(s): CO CH13 SECT 13-16 CO CH10 SECT 10-56B CO CH10 SECT 10-56E CO CH10 SECT 10-58D Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Repair all plumbing problems. Repair broken pipe under bedroom floor. Repair leaking traps under sinks. Repair exterior wall with gaping hole allowing water intrusion to home. Abate all mold issues. Repair window jambs with hole in bedroom. Page 32 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Mr. Yannuzzi presented the case. Notice of violation was October 21, 2014. Code compliance hearing date was November 19, 2014, and no one appeared. The Code compliance date was November 29, 2014, or $250 a day. Compliance date was June 23, 2016, or 571 days of non-compliance at $250 a day for a total lien of $142,750 plus administrative costs of $634.12. Two additional inspections have been done for the lien reductions, originally contacted to do lien reduction on June 21, 2016, to start the lien reduction process. Outstanding taxes for several years were identified, all have since been paid. First inspection found all sliding doors needed screens and that the property was vacant. No evidence it has been occupied in 2016. Final inspection was July 11, 2016 and all complied. Josh Aronow, representing current owners, said Capital Fund Management was the previous owner. The property was sold as a foreclosure. One of the violations was under-the-floor piping in the bedroom; it took several months for an engineer to discover there are no pipes there. Mr. Aronow said there were several issues with contractors taking money and abandoning project. Ms. Ellis asked how much has been spent on repairs, Mr. Aronow replied $59,000, including purchase price, taxes, and fees. Property appraised at $57,600-$62,800. Property is vacant, owners want to sell rather than rent. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $634.12. Case No. 15-390 B&J Catering, dba Culinary Solutions Property Address: 2201 S Federal Highway Type of Property: Commercial, restaurant Violation(s): 105.1 of Florida Building Code, 2010 Edition of Boynton Beach Amendments LDR CH4 ART 2 SECT 4A13 LDR CH3 ART 3 SECT 4 CO CH10 SECT 10-56A CO CH10 SECT 10-56B CO CH10 SECT 10-56D CO CH10 SECT 10-56E CO CH10 SECT 10-56G CO CH10 SECT 10-58A CO CH10 SECT 10-58D CO CH10 SECT 10-59A Need to apply for a new site plan to maintain the plan on file. Landscape and parking lot. Missing hat rack trees. Missing parking stops. Trash and debris Page 33 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 in the parking lot. Missing hedge material along long west wall overgrowth. Trash, debris, and hedge along west wall. Trash and debris in dumpster enclosure. Replace rotted soffit and all wood trim. Replace broken soffit screens. Broken plumbing pipe on north side of building. Repair all holes on exterior of building. Remove or cap all open electrical on exterior of building. Replace missing hedge material along the sides of the building. Sod bare areas around building. Repair irrigation system, broken pipes, missing sprinkler heads, etc. Mulch all flower beds. Paint sign posts on Federal Highway. Open electric near sign posts. Replace irrigation pump. Partial address on front of building. Replace missing broken windows. Repair roof drains. Repair or replace front door and door frame. Missing parking lot light. All exterior doors, including door for electrical room, must work as intended. Mr. Yannuzzi presented the case. This is a stipulation agreement case encompassing prior cases of 09-3545, 09-550, and 07-472. The property was a former Denny’s restaurant. Notice of violation was February 13, 2015. Code compliance based hearing date was November 19, 2014, and no one appeared. The code compliance based on this stipulated agreement was supposed to be October 15, 2015, or $200 a day. Compliance date was April 25, 2016, or 212 days of non-compliance at $200 a day for a total lien of $42,450 plus administrative costs of $346.03. There was one inspection done for this lien reduction. Mr. Yannuzzi was originally contacted regarding lien reduction process on April 22, 2016, at which time it was discovered that 2015 property taxes of $11,439.42 were due. Due to the complete remodeling of the restaurant, several permits had not been finalized at that time. An inspection of the property was done April 25, 2016, and all violations related to the stipulation agreement complied. As of July 8, 2016, all permits related to interior/exterior construction had been filed and all inspections were completed, however, property taxes due were at $15,261.93, and an outstanding utility bill was $1,693.54. Both have subsequently been paid. All fees associated with the original cases were paid at the time of the stipulation agreement: $300 application fee, $692.06 fee to create the agreement, at closing $12,500 paid to settle existing three liens, $1,902.36 in administrative fees. Page 34 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Mr. Yannuzzi reminded Ms. Ellis of her ruling when this case came before her during fine certification hearing held on October 21, 2015. She ruled that she could not grant an extension and had to certify the fine at that time for non-compliance. However, at that time she indicated she would most likely eliminate the fines at a lien reduction. Jim Guilbeault, owner, said that had he realized at the time, he never would have signed the stipulated agreement that it stated six months, which just wasn’t enough time. The construction took almost nine months longer than those six months and ran $500,000 over budget. A lot of the time was taken just in permitting, Building Department lost the plans on three occasions. They have taken a blighted piece of property and turned into something nice right on Federal Highway, have created 32 new jobs, and a nice tax base as well. Mr. Guilbeault said they are a catering company that has opened a retail operation, along the lines of Boston Market or Panera Bread. Decision Based on the testimony, Ms. Ellis reduced the lien to the administrative cost of $346.03. Case No. 15-1017 Business Netto LLC th Property Address: 2321 NE 4 Court Type of Property: Single-family, non-homesteaded Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was June 9, 2015. Code compliance hearing date was July 15, 2015, and no one appeared. The code compliance date was July 25, 2015, or $250 a day. Date complied was June 9, 2016, or 319 days of non-compliance at $250 a day for a total lien of $79,750 plus administrative costs of $634.12. Two additional inspections have been done for the lien reductions, originally contacted to do lien reduction on May 19, 2016, to start the lien reduction process. Business tax receipt had not yet been obtained. No monies were owed City or Counties and all permits were finalized. First inspection found violations, including sodding the yard, soffit and screens to be replaced, window screen missing, smoke detectors missing, electrical cover in bedroom needed replacement, weather stripping around front and kitchen doors needed replacement, and an unregistered vehicle. All these were complied on May 26, 2016. The business tax receipt and certificate of use were complied on June 9, 2016. Tina Neff, property manager, admitted there was some confusion and mistakes were made regarding the notices, but once she took control of the situation they were soon Page 35 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 complied. Owner is selling the property. Value of the property has been valued at $109,000, with $6,000 in costs. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000, plus administrative costs of $634.12. Case No. 15-1848 IH 2 Property Florida LP th Property Address: 641 NW 9 Court Type of Property: Single-family home Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was October 27, 2015. Code compliance hearing date was October 21, 2015, and William Overfelt appeared. The code compliance date was October 31, 2015, or $200 a day. Date of compliance was February 2, 2016, or 93 days of non-compliance at $200 a day for a total lien of $18,600, plus administrative costs of $634.12. Two additional inspections have been done for the lien reductions, originally contacted to do lien reduction on April 8, 2016, to start the lien reduction process. Outstanding water bills of $148.30 and $54.56 have both been paid. All taxes were up to date. Inspection determined need to repair sprinkler system and sod of front yard, and to de- weed or sod the rear yard. Final inspection was May 31, 2016, and all complied. John Clark, property manager, said he does not oversee this home but filling in for the property manager who is on vacation. Looking at the history, he has no objection to what was stated, but has no idea what went wrong and apologizes to Court. Ms. Ellis asked how much has been spent on repairs, Mr. Clark estimated $2,000. Property is currently rented. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000, plus administrative costs of $634.12. Case No. 15-1848 PBBMD LLC th Property Address: 324 NE 13 Ave. Type of Property: Multi-family, duplex Violation(s): CO CH13 SECT 13-6 CO CH13 SECT 13-7 INC Page 36 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was January 14, 2016. Code compliance hearing date was March 16, 2016, and no one appeared. The code compliance date was March 26, 2016, or $100 a day. Compliance achieved was June 22, 2016, or 87 days of non-compliance at $100 a day for a total lien of $8,700, plus administrative costs of $634.12. One inspection was done for the lien reduction, originally contacted to do lien reduction on June 28, 2016. Several outstanding utility bills identified, totaling $120, all have since been paid. All taxes are up to date. Final inspection was June 22, 2016, for certificate of use case, and another on July 11, 2016, found no violations. All issues have been resolved. Jim Kelly, realtor and property manager, said he was brought in April 2016 to clean up and evict; it is currently being cleaned up and it will be for sale. Ms. Ellis asked how much it is listed for, and Mr. Kelly replied $230,000, that $180,000 was paid, and $20,000-$25,000 has been spent to comply. Decision Based on the testimony, Ms. Ellis reduced the lien to $500, plus administrative costs of $634.12. Case No. 16-1131 Macius Alcinor st Property Address: 1711 NE 1 St. Type of Property: Single-family home, homesteaded Violation(s): CO SECT 4-4 Manner of keeping CO SECT 4-32 Leash law CO SECT 4-36 County registration CO SECT 4-37 Rabies Vaccinations Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Liz Roehrich, Animal Cruelty Investigator, presented the case. Is not a repeat violator. Service of notice was made by hand-delivery July 8, 2016. Tenant owns four dogs. Complaints started at the end of 2015 of dogs running loose on Seacrest, but no one knew where the dogs were coming from. There is a documented incidence of police response on February 25, 2016, of dogs running loose. On April 22, 2016, Ms. Roehrich responded to find every violation possible, one chained, one crated, and two running loose. Three citations were issued with a written warning, got zero compliance. Returned May 19, 2016, two dogs were loose in back yard, small fence was erected Page 37 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 that sometimes secured them to property, two dogs crated on carport. Resident advised Ms. Roehrich they belonged to his cousin, but they were identical to dogs seen before. More citations were issued. There were two documented police responses on June 23, 2016, and June 30, 2016, with police taking photos of all four dogs running loose. Ms. Roehrich returned on July 8, 2016, to hand-deliver notice, all dogs were still on property. One of the dogs has since been surrendered to Palm Beach County Animal Control. Decision Ms. Ellis ordered a Cease and Desist Order for the current violations effective July 21, 2016, at $500 a day for all violations. B. Cases to be Heard - New Case No. 16-56 Gertrude Belizaire nd Property Address: 616 NE 2 St. Officer Weixler presented the case. City recommended 90 days to comply, or $400 a day. Decision Ms. Ellis ordered a 90-day compliance date of September 18, 2016, or $400 a day. Case No. 16-316 Lazlo Inc. th Property Address: 118 SW 10 St. 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 August 19, 2016, or $100 a day. Case No. 16-471 Allan Berger nd Property Address: 616 NE 2 St. Officer Weixler presented the case. Case has complied, no fine. Case No. 16-925 Barbara Mightly ND Property Address: 1620 NE 2 St. Officer Pierre presented the case. City recommended 10 days to comply, or $100 a day. Decision Page 38 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $100 a day. Case No. 15-2460 Woolbright Place Master Association th Property Address: SW 8 St (vacant property) Officer Cain presented the case. City recommended 45 days to comply, or $100 a day. Decision Ms. Ellis ordered a 45-day compliance date of September 3, 2016, or $100 a day. Case No. 16-819 2600 Quantum Blvd. LLC Property Address: 2600 Quantum Blvd. 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 August 4, 2016, or $100 a day. Case No. 16-901 Thomas Howard th Property Address: 402 NE 13 Ave. 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 September 18, 2016, or $100 a day. Case No. 16-939 Boynton FCA, Inc. Property Address: 2200 N Congress Ave. Officer Cain presented the case. City recommended Cease and Desist Order, 5 days to comply, or $200 per occurrence. Decision Ms. Ellis ordered a 5-day Cease and Desist Order of July 25, 2016, or $200 per occurrence. Case No. 16-1006 Sky Boynton East LLC Property Address: 1455 West Boynton Beach Blvd. Officer Cain presented the case. City recommended 10 days to comply, or $250 a day. Page 39 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $250 a day. Case No. 16-612 Annette Hicks & Stanley D. Hicks th Property Address: 315 NW 11 Ave. Officer Weixler presented the case. City recommended 15 days to comply, or $200 a day. Decision Ms. Ellis ordered a 15-day compliance date of August 4, 2016, or $200 a day. Case No. 16-829 Doris E. Williams Estate th Property Address: 221 NE 10 Ave. Officer Weixler presented the case. City recommended 10 days to comply, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $200 a day. Case No. 16-913 Katherine C. Bradley & Jean L. Waters th Property Address: 128 SW 11 Ave. Officer Weixler presented the case. City recommended 60 days to comply, or $100 a day. Decision Ms. Ellis ordered a 60-day compliance date of September 18, 2016, or $100 a day. Case No. 16-1014 Alvin B. Striggles, Helen Y. Miller, Anthony C. King, James Jenkins Jr. th Property Address: 541 NW 9 Ave. Officer Weixler presented the case. City recommended 30 days to comply, or $200 a day. Decision Page 40 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $200 a day. Case No. 16-1022 Dean A. Polimeni & Vivian Polimeni th Property Address: 100 NE 6 St., Unit 606 Officer Weixler presented the case. City recommended 10 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $100 a day. Case No. 16-1023 Thomas J. Woolley & Patricia L. Woolley st Property Address: 715 SE 1 St. Officer Weixler presented the case. City recommended 10 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $100 a day. Case No. 16-1053 Sanchez & Lopez Investments LLC th Property Address: 320 NE 13 Ave. Officer Weixler presented the case. City recommended 10 days to comply, or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $150 a day. Case No. 16-1071 SFRH SF Rental LP th Property Address: 320 NE 13 Ave. Officer Weixler presented the case. City recommended 10 days to comply, or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $150 a day. Case No. 16-679 HTM Partners LTD st Property Address: 2861 SE 1 Place Page 41 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 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 July 30, 2016, or $100 a day. Case No. 16-959 Marcia M. Ambrose st Property Address: 3110 SE 1 St. Officer Pierre presented the case. City recommended 10 days to comply, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of July 30, 2016, or $200 a day. Case No. 16-1050 3 Prop LLC th Property Address: 165 SE 27 Ave. 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 July 30, 2016, or $100 a day. Case No. 16-816 Christopher R. Holmes st Property Address: 2300 NW 1 St. 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 August 19, 2016, or $100 a day. Case No. 16-931 WPBGHB LLC th Property Address: 1948 NE 5 St. 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 August 19, 2016, or $100 a day. Page 42 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Case No. 16-932 PIGNASA Group LLC th Property Address: 1826 NE 5 St. 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 August 19, 2016, or $100 a day. Case No. 16-946 Elizabeth M. Ceruto Trustee Property Address: 8143 Mystic Harbor Circle Officer Weixler presented the case. City recommended 7 days to comply, or $500 a day. Decision Ms. Ellis ordered a 7-day compliance date of July 27, 2016, or $500 a day. Case No. 16-949 VRG Owners League Inc. st Property Address: 2400 NE 1 Lane, Bldg. 6 Officer Weixler presented the case. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $150 a day. Case No. 16-955 MIA Real Rentals LLC nd Property Address: 2280 NW 2 St. Officer Weixler presented the case. City recommended 30 days to comply, or $250 a day. Decision Ms. Ellis ordered a 30-day compliance date of August 19, 2016, or $250 a day. VII. OLD BUSINESS A. Lien Penalty Certifications – Tabled B. Lien Penalty Certifications - New Page 43 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Officer Pierre stated that the following will be certified as No Fine. Case No. Respondent 16-511 Rachel G. Floyd 15-765 Francesco Rocca & Rose Rocca 15-2693 MKCD Holdings LLC 16-235 I H Investors LLC 16-448 Lewis Cohen & Carol Cohen 16-768 Edmund H. Thompson & Gladys Thompson 16-190 500 Ocean Properties LLC 16-593 BHAM Partners LLC 16-636 Jean E. Demesier 16-665 Rose Joaseus Decision Ms. Ellis ordered the previously mentioned cases certified No Fine. Officer Pierre stated that the following will be tabled until September 21, 2016. Case No. Respondent 15-2074 701 West Boynton Beach Blvd. LLC th 15-2619 522 SE 20 Court Land Trust Decision Ms. Ellis ordered the above-referenced cases be tabled to September 21, 2016. B. Lien Penalty Certifications - New 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 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”: Page 44 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida July 20, 2016 Case No. Fine Amount 15-2769 $500.00 16-258 $100.00 16-402 $250.00 16-590 $500.00 16-655 $500.00 16-702 $100.00 16-768 Complied, no fine. 16-772 $100.00 16-892 $100.00 16-348 $100.00 16-531 Complied, no fine. 16-539 $100.00 16-639 $100.00 16-743 $150.00 16-294 $100.00 16-519 Complied, no fine. Decision Ms. Ellis ordered that all the aforementioned cases have been certified or complied with no fine. VIII. ADJOURNMENT Ms. Ellis concluded the hearing at 2:43 p.m. [M. Moore, Prototype Inc.] Page 45