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Minutes 02-17-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 17, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call to Order Carol Ellis, Special Magistrate , called the Hearings to order at 9:05 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 12/16/15 and 1/20/16 Minutes with Corrections Ms. Ellis approved the minutes with the corrections noted for the December 16, 2015, hearing and the January 20, 2016, hearing. IV. Approval of Agenda The following changes to the agenda were announced: Page 1, Case No. 15-1864 was tabled for 30 days. Page 2, Case No. 15-2632 is closed. Page 4, Case No. 15-2815 complied. Page 5, Case No. 15-2818 complied. Page 6, Case No. 15-2185 removed. Page 8, Case No. 15-2614 complied. Page 12, Case No. 15-2805 complied. Page 17, Case No. 15-1962 was tabled for 60 days. Page 25, Case No. 16-27 complied. Page 27, Case No. 16-128 complied. Page 47, Case No. 15-2718 was tabled for 30 days. Page 51, Case No. 16-21 complied. Page 52, Case No. 16-51 complied. Page 62, Case No. 15-2733 complied. Page 75, Case No. 14-1289 was tabled for 30 days. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis approved the agenda. Ms. Springer called the roll and determined who was present. Ms. Springer advised they would take all the SWAY and Beauly LLC cases at the end of the regular cases since there were so many. V. New Business A. Cases to be Heard – Tabled - NONE B. Cases to be Heard – New Case No. 15-2777 Timothy Tycocki Property Address: 214 SW 3 Court Type of Property: Single-family home, homesteaded Violation(s): CO CH15, SECT 15-120 (D) INC Please remove all debris from south side of house. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was December 16, 2015. It is not a repeat violator. Initial notice was December 28, 2015, by written notice. Ten days were given to comply. The green card was signed on January 25, 2016. Date of last inspection was February 16, 2016. It is a health and safety hazard. City recommended 10 days or $250 a day. Officer Cain presented photos of the property. Timothy Tycocki, owner , said the debris had been removed on the morning of this day. He explained that he has a bad back, and his lawn personnel had been out of the country. The City has not been out to verify that the debris is removed. Ms. Ellis explained that someone from the City will go out and confirm that the debris has been removed. If they observe that it has not been removed by February 27, 2016, there will be a fine imposed. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or a fine of $250 a day thereafter. Case No. 15-2681 Linda and Theodore Williams 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Property Address: 1611 NE 1 Court Type of Property: Single-family home, homesteaded Violation(s): CO CH10 SECT 15-120 (D) INC CO CH10 SECT 10-56 D Please remove all materials stored outside, as well as trash and debris. A minimum of four-inch house number must be displayed on structure or home to be visible from the City street. Officer Hart presented the case, which was a routine inspection. The initial inspection date was December 7, 2015. It is not a repeat violator. Initial notice was sent on December 7, 2015, by written notice. Ten days were given to comply. Proof of service was sent Certified Mail on January 7, 2016. The signed green card was dated January 20, 2016. The house numbers have been placed on the structure of the home, but there are still materials stored outside. Date of last inspection was February 16, 2016. City recommended 10 days or $100 a day. Officer Hart presented photos of the property. Theodore Williams, owner , was present but had no comments. Ms. Ellis reviewed the facts of the case. Mr. Williams confirmed that the photo represented his property. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, for materials stored outside, and trash and debris, or a fine of $100 a day thereafter. Case No. 16-53 Burchar LLC Property Address: 403 NE 6 Avenue Type of Property: Commercial Violation(s): CO CH15 SECT 15-120 (B) 2A Please sod all swale areas. Officer Shickles presented the case, which was a routine inspection. The initial inspection date was January 6, 2016. It is not a repeat violator. Initial notice was sent on January 6, 2016, by written notice. Fifteen days were given to comply. Proof of service was a signed green card dated January 30, 2016. Date of last inspection was February 16, 2016. City recommended 10 days or $100 a day. Officer Shickles presented photos of the property. Burt Epstein, owner of the building , confirmed that the photo represented his property. Mr. Epstein presented another photo that showed that the property floods after every rain. He has had issues of drainage by his building for years. The City repaired one side, but not the other, saying there was no problem there. He said he 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 wants to fix it, but does not know what to do. Mr. Epstein said he cannot put in sod because it will die, and he cannot put in sprinklers. Mr. Epstein said he called Kevin Hallahan to ask what could be done on the swale. Mr. Hallahan informed he could do “anything” as long as he maintained it and did not interfere with vehicles. Ms. Ellis requested a letter from Mr. Hallahan for the file as to his opinion. Decision Ms. Ellis tabled the case until March 16, 2016, so that she has time to receive the letter. Case No. 15-2767 Rafael Vega Jr. & Claudia Vega Property Address: 51 NW 27 Court Type of Property: Single-family, homesteaded Violation(s): CO CH10 SECT 10-56 (D) CO CH15 SECT 120 (D) INC Remove all outside storage. Remove blue tarp from exterior wall. Repair the wall. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was December 16, 2015. It is not a repeat violator. Initial notice was sent on December 16, 2015, by written notice. Date of notice was sent Certified Mail December 30, 2015. Proof of service was a signed green card dated January 2, 2016. Date of notice sent regular mail December 16, 2015. Date of last inspection was February 16, 2016. City recommended 30 days or $100 a day. Ms. Ellis reviewed the facts of the case. Officer Weixler explained that the house had been hit by a car and the owner needed to repair the wall. Everything in the room had to be removed due to rain and was put it in his carport. A building permit is required to repair the wall. Officer Weixler said Mr. Vega received the check from the insurance company and plans to go to the Building Department to apply for his permit. Officer Weixler presented photos. Mr. Vega, owner , said the photos accurately represented his property. Mr. Vega stated he just received the check from the insurance company and can start working on the wall. Decision Ms. Ellis ordered a 60-day compliance date of April 17, 2016, or $100 a day. VI. OLD BUSINESS 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 A. Lien Penalty Certifications – Tabled Case No. 15-958 Andrea Yekutiel – Charles A. Adams Property Address: 644 Riviera Drive Violation(s): CO CH15 SECT 13-16 Apply and pass inspection for Certificate of Use and Business Tax Receipt for rental property and operation of a halfway house business. Officer Cain presented the case. The notice of violation date was April 22, 2015. The Magistrate hearing date was June 17, 2015, and no-one appeared. Compliance date was set at November 20, 2015 or $100 a day plus administrative fees. The violation still exists. As of this day, there have been 88 days of continued non-compliance at $100 a day for a fine of $8,800 plus administrative fees of $922.21. Ms. Ellis read a letter into the record dated January 4, 2016, from the Planning and Zoning Division. Jason Lloyd, former resident and currently “house father,” said they have filed an appeal so they could have more than six residents. He said he applied for the Certificate a year prior, but the City declined the Certificate, citing the need for a “reasonable accommodation.” Their appeal was declined. Now they are not sure what they can do to pass Code Compliance. He said Officer Cain inspected and said they needed to fix the gate and install a screen, which they did immediately. Ms. Springer stated that was the second appeal that was denied. The type of facility that they are in will only allow six residents or less. Anything above that becomes a different type of facility. They will not get a Business Tax Receipt from the City if they have more than six residents. Ms. Ellis stated she does not have the power to change the Code nor the Ordinance. There have been multiple appeals to the Planning and Zoning Division, which were denied, and she cannot override them. She suggested speaking to someone at the City Council to work with them. Decision Ms. Ellis certified the fine of $100.00 per day plus administrative fees of $922.21, noting that they could apply for a lien reduction in the future. They would have to be in compliance to apply for the lien reduction. A. Lien Penalty Certifications – New 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Case No. 15-2491 Gerald Fasolo Property Address: 1503 NE 4 Court Violation(s): CO CH15 SECT 15-120 (D) INC Please remove all materials stored outside as well as trash and debris. Mow, trim, and de-weed all overgrowth. Officer Hart presented the case. The notice of violation date was November 5, 2015. He said the mow, trim, and de-weed has been done. The Magistrate hearing date was December 16, 2015, and no-one appeared. Compliance date was set at December 26, 2015 or $200 a day plus administrative fees. The violation still exists. As of February 16, 2016, there have been 52 days of non-compliance at $200 a day for a fine of $10,400plus administrative fees. Officer Hart presented photos. Ms. Ellis reviewed the facts of the case. Officer Hart said there was a posting on the property and at City Hall on February 5, 2016, but there was no signed green card. Gerald Fasolo, owner , said he lives on the property. Ms. Ellis explained there was a hearing in December, but nobody appeared. Mr. Fasolo thought it was at night-time, and he came at night. Ms. Ellis said he did receive notice of the hearing and the violation, and asked if he made any effort to resolve it through Code Enforcement. He said he removed “some things” and thought it was all taken care of. Ms. Ellis noted that he had similar violations in the past. If he wants to reduce or remove those liens, Ms. Ellis advised him to come into compliance and then make application with the City. Decision Ms. Ellis certified the fine of $200.00 per day plus administrative fees of $634.12 because it has been an ongoing issue at his property. Case No. 15-2398 Ana G. Orozco Property Address: 421 NW 2 Street Violation(s): CO CH15 SECT 15-120 (D) INC and (B- 2) INC Mow and trim all overgrowth, grass and hedges. Remove all unregistered and inoperable vehicles. Officer Shickles presented the case. The notice of violation date was October 28, 2015. The Magistrate hearing date was December 16, 2015, and Ms. Orozco appeared. Compliance date was set at December 26, 2015 or $200 a day. The property was inspected on February 16, 2016, and the violation still exists. There have been 52 days of non-compliance at $200 a day for a fine of $10,400 plus administrative fees. Officer 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Shickles stated that the cars are registered current, but there is still overgrowth. He presented a photo. Estavian Cohen, fiancé of Ms. Orozco (the house owner) , questioned whether it was permissible for the person who took the photograph to have taken it from their front door facing the fence (inside the property). He said the area seen in the photo could not be seen from outside the yard once the gates are closed. Ms. Orozco stated that everything outside the fence that is in viewing is considered City property (hedges, lawn, etc.) and has remained cut and mowed since she appeared in court. She said the two cars are now registered. Officer Shickles stated the violation is in view from the street. He said the gate is always open, and he said he took the photo from the swale area. Ms. Orozco stated there is a three-foot walkway going from the street to the fence, and he would have had to be standing inside the fence line on their property, not on the street, in order to see that view. She offered to bring in supporting photographs. Mr. Cohen stated that on October 28, 2015, they were called for Section 15-120 (B) and Section 15-120 (D). He thought today they were being summoned for Section 279. Ms. Orozco said that the Code section on the most recent letter was different than what they came for in December. Ms. Orozco presented the letter to Ms. Ellis. Ms. Ellis stated that the violation details match what is in the narrative of the letter, CH15 SECT 15-120 (B) and (D). Mr. Cohen asked what Section 279 was, and Ms. Springer advised it related to the fine certification. Decision Ms. Ellis stated she would give them until Friday, February 19, 2016, to produce their photos. She will take the photos under consideration and table the case to March 16, 2016. Ms. Springer asked Ms. Orozco to email the photos to her and she would forward them to Ms. Ellis. Case No. 15-1714 Assilien Saint Fort & Rose Philippe Property Address: 10 NW 28 Avenue Violation(s): 105.1 Florida Building Code, 2014 edition, Boynton Beach amendments. Secure permits for new roof, fence, garage door, house floors, interior completion, air conditioning, as noted on red tag dated July 1, 2015. 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Officer Weixler presented the case. The notice of violation date was July 24, 2015. The Magistrate hearing date was November 18, 2015, and Assilien Saint Fort appeared. Compliance date was set at January 2, 2016, or $200 a day. The property was last inspected on February 16, 2016, and the violation still exists. There have been 45 days of non-compliance at $200 a day for a fine of $9,000 plus administrative fees in the amount of $730.15. Officer Shickles mentioned that they got all the required permits except for an air conditioning permit. They just informed him they are working on getting the air conditioning permit. Ms. Ellis reviewed the facts of the case. Officer Shickles said they have not yet had final inspections for all the other permits. Maxine Cheeseman, representing Mr. Saint Fort, who is the owner and was present, said the air conditioning permit should be obtained this week. The contractor told her he would have everything done within the next few weeks. She requested 30 or 45 days to complete the work. Decision Ms. Ellis tabled the case until March 16, 2016. V. NEW BUSINESS B. Cases to be Heard – New Case No. 15-2706 SWAY 2014 1 BORROW LLC Property Address: 231 SW 5 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 Apply for and pass inspection for Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Cain presented the case, which was a City department referral. The initial inspection date was December 8, 2015. It is a repeat violator. Initial notice was December 8, 2015, by written notice. Thirty days were given to comply. The green card was signed on January 21, 2016. Date of last inspection was February 16, 2016. City recommended 10 days with a compliance date of February 27, 2016, or $500 a day. Julie Hynds, representing SWAY 2014 Borrower , said that her notes indicate an inspection date of February 19, 2016; she believed it to be in compliance at this time. Decision 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $500 a day. Case No. 15-2609 Beauly LLC Property Address: 3135 S Seacrest Boulevard Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-7 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, which was a City Department referral. The initial inspection date was November 18, 2015. Ten days were given to comply. The green card was signed on January 4, 2016. City recommended 5 days with a compliance date of February 22, 2016, or $500 a day. Julie Hynds, representing Beauly LLC , said they applied for and paid for the application. The inspection was performed in January, but it was found at that time that the residents had a halfway house there, so they initiated eviction procedures on February 12, 2016. Until the tenants are removed, they would not be able to have a re- inspection. Ms. Ellis asked if they had any documentation regarding the eviction; Ms. Hynds did not have it with her, but could provide it. They were served attorney papers on February 12, 2016. Ms. Ellis advised her that a letter from the attorney on the status and proposed date of resolution would suffice, and Ms. Hynds said she can provide it via email to Ms. Springer. Officer Pierre said there were items that needed fixing at the property, in addition to the license for the halfway house. The representative who met him at the property was made aware of the items needed fixing. Ms. Hynds confirmed it needed paint and sod. Ms. Springer clarified that if there is a halfway house or ACLF in a residence, the owner would have to obtain the Business Tax Receipt and the halfway house would have to get a separate Business Tax Receipt to run the business. The citation is for the lack of the property owner having a Business Tax Receipt to rent the property, and the lack of paint and sod. Ms. Ellis confirmed that it was not the owner’s intention to have a halfway house there. Ms. Springer advised that the property also needs inspection on the inside; Officer Pierre said he inspected the interior, and it did not pass. Ms. Hynds stated she was 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 unaware of any items needed fixing on the interior, and Officer Pierre referred her to the individual who represented her at the property. Decision Ms. Ellis ordered a 5-day compliance date of February 22, 2016, or $500 a day. The City will provide Ms. Hynds with the specific items needing repair before she leaves the facility on this day. Ms. Ellis said she did not need the attorney’s letter after all, since the eviction is not holding up the inspection. Case No. 15-2615 Beauly LLC Property Address: 167 SE 27 Avenue 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 a Certificate of Use and Occupancy for rental property. Officer Pierre presented the case, which was a City Department referral. The initial inspection date was November 18, 2015. Ten days were given to comply. The green card was signed on January 8, 2016. City recommended 5 days with a compliance date of February 22, 2016, or $500 a day. Ms. Ellis asked if application had been made, and Officer Pierre said an application was on file, but they never had an inspection. Julie Hynds, representing Beauly LLC , said they had an initial inspection on January 7, 2016, and it was discovered that there was a halfway house in operation. The occupants have been evicted, and the home is ready for inspection. The pool was green, but that has been fixed. She said she can schedule inspection immediately. Decision Ms. Ellis ordered a 5-day compliance date of February 22, 2016, or $500 a day. Case No. 15-2631 Beauly LLC st Property Address: 2202 Se 1 St. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-7 CO CH13 SECT 16 Apply for and pass inspection for Business Tax Receipt and a Certificate 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 of Use and Occupancy for rental property. Officer Pierre presented the case, which was a City Department referral. The initial inspection date was November 23, 2015. The green card was signed on January 5, 2016. City recommended 5 days with a compliance date of February 22, 2016, or $500 a day. Julie Hynds, representing Beauly LLC, said they have applied for the Receipt and Certificate. She said there was an inspection because it was failed for sod and the repair to a front living room window. The window has been repaired; they are pending the sod. She will schedule an inspection for that. Decision Ms. Ellis ordered a 5-day compliance date of February 22, 2016, or $500 a day. VI. OLD BUSINESS B. Lien Penalty Certifications - New Case No. 15-2608 Beauly LLC Property Address: 423 SW 10 Avenue Violation(s): CO CH13 SECT 13-7 (INC) CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt and a Certificate of Use and Occupancy for rental property. Officer Cain presented the case. The notice of violation date was November 18, 2015. The Magistrate hearing date was January 20, 2016, and respondent appeared. Compliance date was set at December 25, 2015 or $500 a day plus administrative fees. The property was inspected on February 16, 2016, and the violation still exists. There have been 22 days of non-compliance at $500 a day for a fine of $11,000 plus administrative fees of $634.12. Julie Hynds, representing Beauly LLC, said that the driveway that was cited in the original landlord inspection has been repaired. She wondered what was in violation. Ms. Ellis stated she is being asked to certify the fine in this case, which is different from the prior cases where it was the first time. Officer Cain stated they were cited for a Business Tax Receipt, and part of the inspection happened to be the driveway. They still need to access the interior of the 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 property in order to inspect the interior of the house. Ms. Hynds said the interior was previously inspected in January, and part of the issue they are having getting the re- inspection date is that the resident does not understand why the City has to have access again. She said that if the City provides her with a re-inspection date, she will provide 24-hour notice to the resident for access. She stated the driveway was completed on February 10, 2016. Officer Cain stated that he has been in contact with Luc via email; he added that the interior of the property had never been inspected. Decision Ms. Ellis certified the fine of $500.00 per day plus administrative fees of $634.12. She advised Ms. Hynds that they could apply for lien reduction in the future once they are in compliance. Case No. 15-2610 Beauly LLC Officer Cain said this case complied and there is no fine. NEW BUSINESS B. Cases to be Heard – New Case No. 16-45 Anicea A. Harrison Property Address: 3155 Orange Street Type of Property: Single family home, homesteaded Violation: CO 4-4 Manner of keeping CO 4-32 Leash law CO 4-36 County registration CO 4-37 Rabies vaccination Liz Roehrich, Animal Cruelty Investigator, presented the case, which resulted from multiple citizen complaints through the years of unleashed dogs, nuisance animals, unvaccinated animals, and unlicensed animals. She noted that the daughter loves animals. The initial inspection date was August 12, 2015. It is not a repeat violator on the Code Process. Initial notice was given August 12, 2015, by verbal notice. Witten notice was given January 5, 2016. Five days were given to comply. Proof of service was sent Certified Mail on January 11, 2016. The green card was returned unclaimed. The notice was posted at City Hall and on the property on February 5, 2016. Ms. Roehrich said the most recent complaints were on August 12, 2015, when one dog became a victim of abuse, resulting in a broken leg. Ms. Roehrich took custody of the dog and got medical treatment for it. There is a criminal case. After that, she received 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 a call on October 12, 2015, about a loose emaciated dog. The respondent said the dog had run off. Ms. Roehrich received another complaint on December 30, 2015, with a loose German Shepherd. She spoke to several juveniles at the residence, who said they were temporarily watching the dog. The last date of inspection was December 30, 2015, and she does not believe there are any dogs currently at the property. She recommended a Cease and Desist order with a $250 per occurrence. Ms. Roehrich stated that was based on the past history of dogs coming and going and not in accordance with law. Anicea Harrison, owner of the property , said the German Shepherd was not theirs, and she does not have any animals now. She told her daughter that she cannot have animals in the house any more. Ms. Roehrich was confident that the Cease and Desist action would be successful. Her intent is that Ashley cannot bring animals there unless they are perfectly legal and permitted by her parents. She will speak to the daughter after the hearing. Decision Ms. Ellis issued a Cease and Desist effective immediately, and $250 per occurrence. VI. OLD BUSINESS E. Lien Reductions – Tabled Case No. 09-1946 Bayfront Townhomes – Crest Management Co. Property Address: 450 Bayfront Drive Violation(s): CO CH9 SECT 9-22 (C) Non-payment of annual fire inspection fee. Ms. Springer presented the case. The notice of violation date was June 22, 2009. The Magistrate hearing was August 19, 2009, and no one appeared. The compliance date was set at August 29, 2009. The fine proposed was $100 a day. The property complied on September 9, 2015, for 2,216 days of non-compliance at $100 a day for a fine of $221,600 plus administrative fees of $346.03. Ms. Springer said they went to the property to do lien inspection; it is a large property and they had to restripe the parking lot, repair the cracks in the rear building, repair electrical lights at the front entry, remove unlicensed, inoperable vehicles and sod bare spots on the property. The first inspection was in October. It was re-inspected in January and was satisfactory for lien reduction at that time. 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Gerard Collins, Esq., attorney representing the Bayfront Boynton Beach Townhomes . Mr. Collins also had Tom Fazio (Board President) and Ellen Rubin (Property Manager for the Association) with him. Mr. Collins said the property is a 48- unit condominium, and was under the control of a developer who built the property at the time of inspection. He said several notices/invoices were sent to the wrong address – 450 Bayfront Drive - the clubhouse, which does not have a mailbox. He presented copies to the Magistrate. Ms. Ellis asked how the matter became known to him. Mr. Collins replied the current Board of Directors discovered the matter through a prospective purchaser who reported a lien on the unit he wanted to buy. The Association then paid the initial violation, and when the City came out, they found several items that needed fixing. Those items were remediated quickly. Mr. Collins elaborated that the lien covers the property that is owned by the Association; 22 units have paid to get a partial release from the lien. The City has received from those fees approximately $5,500 on a $150 outstanding amount. Ms. Springer clarified that at the time of citation, Crest Management was managing the property. All letters send to Crest Management had signed green cards returned. The partial releases are not deducted from the lien; they are a service to the buyers/sellers to allow the sale to go through without affecting the lien. She said the $5,500 helps cover the administrative costs involved and has nothing to do with the amount of the lien. Mr. Collins stated that the current state of affairs is not the fault of the current Board of Directors, who took immediate steps to remedy the situation as soon as they became aware of it. Ms. Springer clarified that the lien is against Bayfront Townhomes and Crest Management, not Southern Homes, who was the developer. Decision Based on the testimony of both sides, Ms. Ellis reduced the lien of $221,600 to $2,500 plus the administrative costs of $346.03. Case No. 09-2396 Bayfront Townhomes – Crest Management Co. Property Address: 450 Bayfront Drive Violation(s): CO CH10 SECT 10-60 (A) and (D) Have all fire extinguishers, fire sprinkler systems, and fire alarm systems in proper working order. 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Springer presented the case. The notice of violation date was July 21, 2009. The Magistrate hearing was September 16, 2009, and no one appeared. The compliance date was set at September 21, 2009. The fine proposed was $250 a day. The property complied on May 14, 2010, for 234 days of non-compliance at $250 a day for a fine of $58,500 plus administrative fees of $730.15. Ms. Springer stated it was a referral from the fire department; it failed an inspection for the sprinkler systems and fire extinguishers. Gerard Collins, Esq., attorney representing the Bayfront Boynton Beach Townhomes , said it was the same situation as for the previous case. He thought the lien should be dramatically reduced. Decision Based on the testimony of both parties, Ms. Ellis reduced the lien of $58,500 to $1,500 plus the administrative fees of $730.15. F. Lien Reductions – New Case No. 13-696 Dalland Properties LP Property Address: 1930 NW 2 Court Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on April 17, 2013. The Code hearing was on June 19, 2013, and no one appeared. Compliance date and fine set was July 4, 2013 or $300 a day. Case came into compliance on December 11, 2013; there were 159 days of non-compliance at $300 a day for a total lien of $47,700 plus administrative fees of $634.12. Ms. Springer said that when Dalland owned the property in 2014, they contacted her; she had a list of six items to be repaired. Every time Code re-inspected, some items were fixed, but not all, and new ones were added. When they returned in April, there were electrical problems, soffit problems, etc. The new owner purchased the property with all its problems and have brought it into compliance. They went out for inspection a total of nine times when Dalland owned the property. Steven Platzek, attorney for the new owner , said his client purchased the property around July 17, 2015, knowing there were issues. They brought the property into compliance, spending approximately $50,000 in the process. He asked for a substantial reduction in the lien. 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Decision Based on the testimony Ms. Ellis reduced the lien of $47,700 to $1,500 plus the administrative costs of $634.12. Case No. 14-511 IH2 PROPERTY FLORIDA LP Property Address: 424 NE 15 Court Violation(s): CO CH13 SECT 13-16 CO CH15 SECT 15-120 (INC) Apply for and pass inspection for Business Tax Receipt for rental property. Mow, weed, trim overgrown yard and swale areas. Remove trash and debris. Ms. Springer presented the case. Notice of violation was sent on March 14, 2014. The Code hearing was on May 21, 2014, and no one appeared. Compliance date and fine set was May 31, 2014, or $200 a day. Case came into compliance on January 29, 2015; there were 242 days of non-compliance at $200 a day for a total lien of $48,400 plus administrative fees of $634.12. Ms. Springer stated she was contacted in February 2015 and found a multitude of violations which prevented the inspection from passing. It was discovered later that one of the bedroom air conditioning units was not functioning properly, and one bedroom window did not open. The property was re-inspected in September, but they could not access the rear of the property. Inspection passed on October 8, 2015, but the 2016 Business Tax Receipt had not been paid. When they went out again, they found more issues. It finally passed inspection on January 28, 2016. William Overfelt, with IH2 Properties, said they had resident issues and are waiting on a utility easement for a fence. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative fees of $634.12. Case No. 12-1381 Bank of New York Trustee Property Address: 137 SE 8 Avenue Violation(s): CO CH10 SECT 10-51.5 INC Mow weed and trim all overgrowth. Remove outside storage. Replace ripped and missing screens. Replace missing windows. Repair concrete over 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 door and driveway. Repair damaged soffit. Replace sprinkler pump. Gate to be self-latching. Secure property at all openings. Ms. Springer presented the case. Notice of violation was sent on July 25, 2012. The Code hearing was on October 17, 2012, and Marjory Levine, attorney for the bank, appeared. Compliance date and fine set was October 27, 2012, or $350 a day. Case came into compliance on September 27, 2013; there were 334 days of non-compliance at $350 a day for a total lien of $116,900 plus administrative fees of $634.12. Ms. Springer said she met with the management company in 2013, going through several inspections. She gave them a list of items needing repair. At the end of 2015, she was contacted by Mr. Mickley, who asked about the lien reduction process if he were to purchase the property. He purchased the property and the bank did some repairs. It came into compliance on January 6, 2016, to be eligible for lien reduction. Eric Mickley, current owner, said he became aware of the lien after the offer to purchase was already made. They made repairs to bring the property into compliance. He provided a list of repairs, noting he spent approximately $5,000 fixing them. He paid $90,000 for the property and is currently living there. Decision Based on the testimony, Ms. Ellis reduced the lien of $116,900 to $1,500 plus $634.12 of administrative costs. Ms. Springer said the next two cases are for the same property. Case No. 04-1917 Stewart L. Aldrich & Sheila R. Aldrich Property Address: 409 SW 5 Avenue Violation(s): CO CH10-2 CO CH15 ART 9-15-120 (D) INC Mow overgrown yard and lot. Trim all trees and hedges. Remove trash and debris. Install driveway or define it. Raise canopy of trees at least 10 feet from the ground. Ms. Springer presented the case. Notice of violation was sent on August 13, 2004. The Code hearing was on November 17, 2004, and no one appeared. Compliance date and fine set was December 17, 2004, or $25 a day. Case came into compliance on 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 February 5, 2016; there were 4,066 days of non-compliance at $25 a day for a total lien of $101,650 plus administrative fees of $730.15. Ms. Springer said they inspected on December 28, 2015, and found they were not in compliance on a number of items. It was re-inspected on February 22, 2016, and everything was satisfactory for lien reduction. Ms. Springer presented photos. John Lewis, owner , stated the photos were an accurate representation of his property. He mentioned they bought the property from an elderly woman who did not have the means to maintain it. He paid $120,000 for the property in July of 2015, and made all the repairs. They are in the process of fixing up the property and plan to sell it for around $190,000. Decision Based on the testimony, Ms. Ellis reduced the lien of $101,650 to $1,500 plus $730.15 of administrative costs. Case No. 14-1381 Sheila R. Aldrich Property Address: 409 SW 5 Avenue Violation(s): CO CH15 SECT 15-120 (D) INC Mow overgrown yard. Remove trash and debris from front, side, and rear areas. De-weed and define driveway. Ms. Springer presented the case. Notice of violation was sent on June 9, 2014. The Code hearing was on August 20, 2014, and no one appeared. Compliance date and fine set was August 30, 2014, or $50 a day. Case came into compliance on February 5, 2016; there were 523 days of non-compliance at $50 a day for a total lien of $26,150 plus administrative fees of $634.12. Decision Based on the testimony, Ms. Ellis reduced the lien of $26,150 to $1,000 plus the $634.12 of administrative costs. B. Cases to be Heard – New Case No. 16-135 Anworth Properties Inc. Property Address: 1609 NE 1 Street Type of Property: Single-family home, not homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH15 SECT 15-120 (D) INC 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 CO CH10 SECT 10-5060 CO CH10 SECT 10-52 Apply for and pass inspection for the Business Tax Receipt and Certificate of Use for the rental property. Remove all inoperable vehicles from the property. Install minimum of four-inch house numbers on the structure of the home to be visible from the City street. Officer Hart presented the case, which was a routine inspection. The initial inspection date was January 13, 2016. It is a repeat violator. Initial notice was January 13, 2015, by written notice. Ten days were given to comply. Proof of notice was sent Certified Mail on January 27, 2016, and the green card was dated February 1, 2016. An inspection is scheduled for February 18, 2016. Date of last inspection was February 16, 2016. City recommended 15 days, March 3, 2016, or $300 a day. Ms. Ellis reviewed the facts of the case. The only item remaining to comply is the Business Tax Receipt. Grisel Pineda, property manager , said she was not sure if Anworth Properties owned the property in 2013 (regarding repeat violator). Decision Ms. Ellis said that since Ms. Pineda had already remedied some of the violations, she ordered a 15-day compliance date of March 3, 2016 to complete the Business Tax Receipt process, or $300 a day. Case No. 15-2624 Marvin Perry & Maxine DuPont Property Address: 427 NW 9 Avenue Type of Property: Single-family home, homesteaded Violation(s): Building Code 105.11 (FBC, 2014 Edition. Obtain roof and window permits. Officer Shickles presented the case, which was a City Department referral. The initial inspection date was November 20, 2015. It is not a repeat violator. Initial notice was November 20, 2015, by written notice. Ten days were given to comply. Proof of service was a signed green card dated January 22, 2016. Date of last inspection was February 16, 2016. City recommended 10 days, February 27, 2016, or $100 a day. Ms. Ellis noted neither Mr. Perry nor Ms. DuPont was present. Decision 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis ordered a 10-day compliance date of February 27, 2016, at $100 a day. Case No. 15-2630 Wells Fargo Bank NA Trustee Property Address: 170 SE 27 Court Type of Property: Single-family home, not homesteaded Violation(s): CO CH10 SECT 10-51.5 INC Please register and secure property. Officer Shickles presented the case, which was a City Department referral. The initial inspection date was November 23, 2015. It is not a repeat violator. Initial notice was November 23, 2015. Fifteen days were given to comply. Notice was posted on property and City Hall on January 5, 2016. Officer Shickles stated that the property is now registered, but not secured. Date of last inspection was February 16, 2016. City recommended 5 days, February 22, 2016, or $500 a day. John Foss, representing Wells Fargo Bank , said the CT was issued in September and there was an occupant in the house until mid-January, whom they performed “cash for keys” on. They vacated and performed some repairs. It was noted that the garage door and side door are still not secure. Decision Ms. Ellis ordered a 5-day compliance date of February 22, 2016, or $500 a day. OLD BUSINESS B. Lien Penalty Certifications - New Case No. 15-2551 Adalwin LLC Property Address: 1611 NW 1 Court Violation(s): CO CH13 SECT 13-7 INC CO CH13 SECT 13-6 Apply for and pass inspection for the Business Tax Receipt and Certificate of Use and Occupancy for the rental property. Officer Hart presented the case. The notice of violation date was November 10, 2015. The Magistrate hearing was January 22, 2016, and Julie Hynds appeared. The compliance date was set at January 25, 2016. The fine proposed was $500 a day plus administrative fees. The property was inspected on February 16, 2016, and the violation still exists. It has been 22 days of non-compliance at $500 a day for $11,000 plus administrative fees. Officer Hart said they have applied for the Business Tax Receipt, and they have done an inspection. The inspection failed on January 17, 2016: 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 need a hot water permit, remove inoperable vehicles, missing ground cover, and fascia and soffit work. Julie Hynds, representing Adalwin LLC , stated they are making progress remedying the items found at the initial inspection. She believed the only remaining item was the sod. Decision Ms. Ellis certified the fine of $500.00 per day plus administrative fees of $730.15. Case No. 15-2462 FETLAR LLC Property Address: 146 SE 27 Way Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for the Business Tax Receipt. Officer Pierre presented the case. The notice of violation date was November 3, 2015. The Magistrate hearing was December 16, 2015, and no one appeared. The compliance date was set at December 26, 2016. The fine proposed was $200 a day plus administrative fees. The property was inspected on February 16, 2016, and the violation still exists. It has been 52 days of non-compliance at $200 a day plus administrative fees of $634.12. Julie Hynds, representing Fetlar LLC, said there was miscommunication on the need on what needed to be done. They are working to schedule the inspection immediately. Decision Ms. Ellis certified the fine in the amount of $200.00 per day plus administrative fees of $634.12 V. NEW BUSINESS B. Cases to be Heard – New Case No. 15-2654 Karen Schiff Property Address: 3566 S. Lake Drive Type of Property: Single family home, homesteaded Violation(s): CO CH13 SECT 13-7 CO CH13 SECT 16 CO CH10 SECT 10-56 (C) 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 CO CH15 SECT 15 120 (D) INC CO CH10 SECT 10 56 Apply for and pass inspection for the Business Tax Receipt and Certificate of Use and Occupancy for rental property. Clean the pool. Pool must be in a sanitary condition. Remove all debris from the property and install minimum size four-inch house number on the building to be visible from the City street. Secure the pool gate. Gate must be self-latching, closing. Fix the roof. Sod the yard. Officer Pierre presented the case, which was a citizen complaint. Initial inspection was November 25, 2015. Thirty days given to comply. Date notice was posted at City Hall and on the property was February 8, 2016. There is a health and safety hazard; the pool is leaking. City recommended 30 days at March 18, 2016 or $500 a day. Officer Pierre stated the owner was not present, but some neighbors are present who have stated a desire to testify. Ms. Ellis stated that Karen Schiff was not present. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $1,000 a day. Ms. Ellis asked that one person speak on the behalf of all neighbors present. Dwight Schnerman, neighbor , stated the property had been partitioned internally without permits and without a contractor. He also said the upkeep and maintenance has been ignored. Many renters have included people with drug addictions, resulting in ambulance calls for overdoses. A six-year-old child has access to the pool area, and there is no protection or security for her. Officer Pierre said the property is homesteaded, but Ms. Schiff lives in Canada. In light of the testimony of Mr. Schnerman, Ms. Ellis ordered a 24-hour compliance date or $1,000 a day. B. Cases to be Heard at the End of the Hearing – New Case No. 15-2225 Stephen Colucci & Angela Perry Property Address: 1240 SW 28 Avenue 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Type of Property: Single-family home, homesteaded Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Stephen Colucci, occupant. Officer Hart presented the case, which was a City department referral. This is not a repeat violator. The initial notice was issued October 8, 2015 via written notice. Thirty days were given to comply. The date posted on the property and City Hall was January 6, 2016. The last inspection was February 16, 2016. Mr. Colucci informed Officer Hart that he does not have to register in Maine any more, and he is working with FDLE to get that taken care of in Florida. City recommended 60 days with a compliance date of April 17, 2016, or $50 a day. Mr. Colucci, owner of the property , presented documents pertaining to his registration. He also offered contact information for Cheryl Perkins from FDLE. Decision Ms. Ellis tabled the case to March 16, 2016, stating that she needs a letter from Ms. Perkins certifying that Mr. Colucci falls within the statute. Case No. 15-2252 HCRA Properties 1 LLC – Heartland Healthcare Boynton Property Address: 3600 Old Boynton Road Type of Property: Rest Home Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Jack T. Ehrhart, resident at the facility. 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Officer Hart presented the case, which was a City department referral. This is not a repeat violator. The initial notice was sent October 9, 2015 via written notice. Thirty days were given to comply. The date posted on the property and City Hall was January 4, 2016. The last inspection was February 16, 2016. City recommended 30 days, March 18, 2016, or $50 a day. Officer Hart presented a letter from the facility regarding Mr. Ehrhart’s condition. Ms. Ellis summarized an email from Martha Rozier, from Legal Aid Society of Palm Beach County, to Ms. Springer regarding Jack Ehrhart. Mr. Ehrhart has Alzheimer’s and is wheelchair-bound. Ms. Rozier is appearing on his behalf, no other facilities will take him, and Heartland assessed he is not a threat to anyone. Sherry Schwartz, counsel for Heartland , thought that the intent of the Statute was to protect children and schools nearby, and Mr. Ehrhart is not capable of leaving the facility, which is a lock-down facility. The agency is also required by Medicare not to discriminate against individuals with people “like that.” She said no other facilities would take him because there is a shortage of health care. Janet Dadi, administrator at Heartland Health Care , stated Mr. Ehrhart has advanced stage dementia, is wheelchair bound, and is dependent for all of his daily activities. They called numerous other facilities, but no other facility will accept him because he is a sex offender. She said they have exhausted all avenues. He cannot go outside by himself unless he is accompanied. Ms. Springer wondered why the other facilities are allowed to discriminate, while Heartland cannot. Ms. Schwartz said she cannot speak to the rationale of other facilities, but the Florida Statute requires a nursing home to afford equal access to everybody. She could not find a legal exception either way. Roberta Ehrhart, wife of Jack Ehrhart , spoke as his advocate, since he is incompetent and unable to speak for himself. Ms. Ehrhart said Mr. Ehrhart was a sex offender, not a sexual predator. She relayed Mr. Ehrhart’s career and how he happened to be declared a sex offender. She said he is in hospice and cannot walk. She asked that he be allowed to remain in Heartland until he dies, as he poses no threat. Martha Rozier, on behalf of Mr. Ehrhart , asked for an exception in this case under ADA or Fair Housing. She confirmed that children are allowed in the facility and asked Ms. Ellis to help them create some type of accommodation (such as the end of a hallway) that would restrict his contact with children. The only way he could contact a child would be if the child came into his room. 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis asked if they had looked at facilities in unincorporated areas of Palm Beach County, and was informed they had not looked further than Fort Lauderdale. Ms. Schwartz advised that an avenue exists for Ms. Ehrhart to go before a judge to get a court order to waive the requirement. She asked Ms. Ellis to table the matter to allow Ms. Ehrhart to investigate the waiver. Decision Ms. Ellis ordered 45 days, April 2, 2016, or $50 a day, to present whatever action they have taken regarding the waiver. If nothing is presented in 45 days, Mr. Ehrhart will have to be removed from the facility, and the fine will begin to accrue. Case No. 15-2357 Etienne Beaman Property Address: 6 Baytree Circle Type of Property: Single-family home, homesteaded Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Michael D. Stanford, occupant. Officer Hart presented the case, which was a City department referral. The initial inspection date was October 20, 2015. This is not a repeat violator. Initial notice was given on October 20, 2015, via written notice. Thirty days were given to comply. The date notice was posted on the property and City Hall was January 5, 2016. Date of last inspection February 16, 2016. City recommended 30 days, March 18, 2016, at $50 a day. Ms. Ellis reviewed the facts of the case. Michael Stanford, care-giver at the property , takes care of his father at the property. He said he was required to register as a sexual offender. Etienne Beaman, property owner and father of Mr. Stanford, spoke. Ms. Ellis reviewed the facts of the case and advised Mr. Stanford what he needs to do to comply with the ordinance. Decision 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis ordered a compliance date of February 18, 2016, or $50 a day to move from the residence. Ms. Ellis also ordered a Cease and Desist or $500 per occurrence if he returns, effective immediately. Case No. 15-2367 Andrew Luchey Property Address: 2401 SW 1 Street Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Jose Gilberto Perez, occupant. Officer Hart presented the case, which was a City department referral. This is not a repeat violator. Initial notice was given on October 20, 2015, via written notice. Thirty days were given to comply. The date notice was posted on the property and City Hall was January 5, 2016. Date of last inspection February 16, 2016. City recommended 30 days, March 18, 2016, at $50 a day. Ms. Ellis reviewed the facts of the case. Jose Gilberto Perez, resident, said he lives at that address and is required to register as a sexual predator or sexual offender. He said where he previously lived, he was allowed to be 1,000 feet from a facility. He did not realize Boynton Beach had more stringent regulations, and he said he lives at the address to tend to his wife, who is sick. Decision Ms. Ellis ordered a compliance date of February 24, 2016, or $500 a day. Case No. 15-2224 Andrew Hoaglund & Cheryl Hoaglund Property Address: 1609 Cetona Drive Type of Property: Single-family home, homesteaded Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Andrew James Hoaglund, occupant. Officer Hart presented the case, which was a City department referral. This is not a repeat violator. Initial inspection date was October 8, 2015. Initial notice was given on October 8, 2015, via written notice. Thirty days were given to comply. The date notice was posted on the property and City Hall was January 4, 2016. Date of last inspection February 16, 2016. City recommended 30 days, March 18, 2016, at $50 a day. Ms. Ellis reviewed the facts of the case. Eric Romano, counsel for Mr. Hoaglund, advised that Mr. Hoaglund does not dispute the violation and is taking steps to comply at a financial disadvantage. He and his wife have lived in the home since 2009. Mr. Romano said that Mr. Hoaglund had spoken on the phone to a Gary Chapin from the City of Boynton Beach prior to moving into the house. Mr. Chapin checked the address and informed him that he “should be fine.” The Boynton Beach Police Department has come out approximately once a year for a routine check, and he was never informed he was out of compliance with the ordinance. Mr. Romano continued, saying that as soon as Mr. Hoaglund found out about the violation, he immediately began looking for another home. Their house is on the market, and it is set to close on March 29, 2016. They have purchased another home in Delray Beach that is being renovated to make it habitable. He asked for an extension until March 31 to allow time for them to move. Ms. Ellis asked to see a map. Ms. Ellis asked what Mr. Hoaglund meant when he said he had no restrictions when it comes to minors. Ms. Ellis confirmed that his victim was over 16 years of age – not a minor. Decision Ms. Ellis ordered a 45-day compliance date of April 2, 2016, or $500 a day. Ms. Ellis also requested a copy of the plea agreement by February 19, 2016, in order to allow the extension. Ms. Ellis recessed the Court for a short break at 12:24 p.m. and reconvened at 12:31 p.m. 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 B. Cases to be Heard – New Case No. 15-2359 Myriam Numa Property Address: 130 SW 9 Avenue Violation(s): As noted in notice of violation. Officer Cain presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, at $100 a day. Case No. 15-2704 Neyra Maria E. Barriga Property Address: 343 SW 5 Avenue Violation(s): As noted in notice of violation. Officer Cain presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, at $100 a day. Case No. 16-85 Flamingo Plaza Property Address: 415 S Federal Highway Violation(s): As noted in notice of violation. Officer Cain presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $100 a day. Case No. 16-144 Lebouef Investments LLC Property Address: 126 W Boynton Beach Boulevard Violation(s): As noted in notice of violation. Officer Cain presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $200 a day. Decision 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $200 a day. Case No. 15-1685 Uralee Frazier & Julia I. Frazier Property Address: 171 NW 14 Avenue Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 15-1912 Jesse R. Webb & Janice L. Webb Property Address: 2130 NE 1 Street Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $250 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $250 a day. Case No. 15-2383 Seaside Bungalow F LLC Property Address: 125 SE 27 Place Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2547 Linda A. Summers Property Address: 625 Oak Street Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision 29 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No.15-2685 Federal National Mortgage Association Property Address: 1628 NE 1 Court Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $500 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $500 a day. Case No. 15-2695 Gregory Schramm Property Address: 3 Cardiff Way Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2752 IH4 Property Florida LP Property Address: 84 Sandpiper Way Violation(s): As noted in notice of violation. Officer Hart presented the case. This is a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 15-2756 ILU Properties LLC Property Address: 1629 NE 1 Street Violation(s): As noted in notice of violation. Officer Hart presented the case. This is a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. 30 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 16-42 TAH 2015 1 Borrowers LLC Property Address: 432 NE 15 Court Violation(s): As noted in notice of violation. Officer Hart presented the case. This is a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $300 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $300 a day. Case No. 16-137 Beatriz G. De Cama Property Address: 22 Crossing Circle, Unit #E Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 16-138 Eretzor Investments X LLC Property Address: 211 NE 19 Avenue Violation(s): As noted in notice of violation. Officer Hart presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2534 Carline Saint Felix Property Address: 2930 SE 2 Street Violation(s): As noted in notice of violation. Officer Pierre presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. 31 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2653 Julio Roca Property Address: 1921 West Woolbright Road, Unit #202 Violation(s): As noted in notice of violation. Officer Pierre presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 15-2755 Meryl A. Hartman Property Address: 3638 SE 2 Court Violation(s): As noted in notice of violation. Officer Pierre presented the case. It is a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 15-2787 Wilmington Savings Fund Society Property Address: 164 SE 27 Court Violation(s): As noted in notice of violation. Officer Pierre presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 16-71 Patterson Plaza LLC Property Address: 1815 S Federal Highway Violation(s): As noted in notice of violation. Officer Pierre presented the case. It is not a repeat violator. The sign and banner are complied, but the sod issue still exists. The City recommended a Cease and Desist 32 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 effective immediately for the sign they keep placing on the property. The City recommended 10 days to comply at February 27, 2016, or $200 a day to sod the swale. Decision Ms. Ellis ordered a Cease and Desist for the sign, effective immediately with a $250 per occurrence. Ms. Ellis also ordered a 10-day compliance date of February 27, 2016, for the sod violation or $200 a day. Case No. 15-2617 Florida Investment & Trade LLC Property Address: 700 W. Industrial Avenue, Bay 11 Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No.15-2628 Thomas Papoutsis Property Address: 764 Ryder Road Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No.15-2640 Claude Joseph & Kaylee Joseph Property Address: 746 NW 1 Avenue Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2643 SFR SOFL 1 LLC Property Address: 722 NW 1 Avenue 33 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2701 George Podray Property Address: 151 Meadows Drive Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2721 Frederic Terilus Property Address: 617 NE 2 Street Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2775 Willowbrook HOA Inc Property Address: 315 Meadows Drive Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 15-2836 William R. Deale Property Address: 502 NE 2 Street 34 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Violation(s): As noted in notice of violation. Officer Shickles presented the case. This is a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $200 a day. Case No. 16-55 Anna M Pack & Ronald Pack Property Address: 43 Cedar Circle Violation(s): As noted in notice of violation. Officer Shickles presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $100 a day. Case No. 15-2438 Meeshee LLC Property Address: 3355 Ocean Parkway Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 15-2440 SALF Investment LLC Property Address: 3345 Ocean Parkway Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $100 a day. Case No. 15-2441 3244 Ocean Parkway Land Trust Property Address: 3244 Ocean Parkway 35 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 15-2445 MF Homes LLC Property Address: 371 Ocean Parkway Violation(s): As noted in notice of violation. Officer Weixler presented the case. This is a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $500 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $500 a day. Case No. 15-2690 Freddy Nunez & Maria Nunez Property Address: 1206 Old Boynton Road Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 15-2693 MKCD Holdings LLC Property Address: 3178 E Palm Drive Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 15-2732 Secretary of Housing & Urban Development 36 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Property Address: 2618 NE 3 Street Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 30 days to comply at March 18, 2016, or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date of March 18, 2016, or $200 a day. Case No. 15-2750 American Real Estate Strategies Property Address: 237 NW 28 Avenue Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Case No. 16-5 Jean Pedro Jean Baptiste Property Address: 2541 N Seacrest Boulevard Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 10 days to comply at February 27, 2016, or $250 a day. Decision Ms. Ellis ordered a 10-day compliance date of February 27, 2016, or $250 a day. Case No. 16-6 Courtney Johnson & Lavelle Johnson Property Address: 2206 NE 4 Court Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. 37 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Case No. 16-9 Hagstrom 76 LLC Property Address: 2260 NW 2 Street Violation(s): As noted in notice of violation. Officer Weixler presented the case. It is not a repeat violator. The City recommended 15 days to comply at March 3, 2016, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of March 3, 2016, or $100 a day. Officer Cain stated that the following will be certified as “No Fine.” Case No. Respondent 15-2395 Kenneth Hall 15-2408 Kathleen Bayne 15-1695 American Real Estate Strategies 15-2321 Vaide Mondesir 15-2358 Shuki Geter LLC 15-2306 Southern Homes of Palm Beach V 15-2474 Edward A. Marvinney 15-2343 Michael M. Ghrayeb 15-1960 RHA 2 LLC 15-2194 Elizabeth M. Ceruto Trustee 13-2239 Aaron Clay & Alfred Dort Ms. Ellis ordered the above cases be certified no fine. Officer Cain stated that the following will be tabled until March 16, 2016. Case No. Respondent 15-1590 Lakhmichand N. Kalra Trust Holder 15-1767 Jimmi Reed & Lillian E. Reed 15-2361 Marc Schoen & Junya Schoen 15-2325 J S Ende Family Limited Partnership 15-2405 J S Ende Family Limited Partnership–Suncore Industries Florida LLC Ms. Ellis ordered the above cases tabled to March 16, 2016. Officer Cain read the following into the record: “The City is requesting that the fines be certified in the following cases. All the violators have been provided Notice of today’s hearing, with Proof of 38 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Notice filed in the record with the Board Clerk. At this time, no one is present this morning in Chambers for any of the cases I am requesting for certification at this time. All of the cases have been re-inspected prior to today’s hearing and each case remains in non-compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, with the amount as set forth on the docket”: Case No. Respondent 15-1759 Hazel Butler & Chris Freeman - $100.00 15-1631 Broadtree Homes Florida LLC- $100.00 15-2390 Ventures Trust 2013 1 H R- $100.00 15-1729 Ellington Beckles Est. - $300.00 15-2302 Jimmy Benitez- $200.00 15-2210 Bernice Potter- $100.00 15-2353 Dreamway House LLC- $100.00 15-2406 Inlet Plaza- $300.00 15-2436 Miracien Pierre- $100.00 15-2504 Morguard Boynton Town Center Inc – Mattress One Inc. - $200.00 15-2516 Mountain West IRA INC FBO- $100.00 15-2378 Annie Clark Jones- $200.00 15-2461 Marie G. Joseph- $100.00 Ms. Ellis ordered the fines on the above cases be certified. OLD BUSINESS D. Lien Penalty Certifications – Stipulated Agreement Case No. 15-2331 Meridian Trust LLC Ms. Springer advised it was a Stipulated Agreement that the property owner entered into with the City to comply by February 5, 2016. There is evidence in the file that they did not come into compliance with any the violations that were lifted. Ms. Springer asked to have the fine certified and a lien placed on the property. Decision Based on the testimony of the City, Ms. Ellis certified the fine and placed the lien on the property for Case No. 15-2331. VII. Adjournment 39 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Ellis concluded the hearing at 1:07 p.m. [J. Rubin, Prototype Inc.] 40