Minutes 01-20-16
MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JANUARY 20, 2016, AT 9 A.M.
PRESENT:
Carol Dutra Ellis, Special Magistrate
Diane Springer, Code Compliance Coordinator
Chris Yannuzzi, Code Compliance Coordinator
I. Call To Order
Carol Ellis, Special Magistrate
, called the Hearings to order at 9:04 a.m. and
explained her role and the hearing procedures. Pursuant to Florida Statute, all orders
are appealable to the Circuit Court in Florida and not the City Commission. She
explained a fine will be imposed if the violation(s) are not corrected by the deadline.
II. Swearing in of Witnesses and Introduction
Ms. Ellis administered an oath to all those intending to testify.
III. Approval of Agenda
The following changes to the agenda were announced:
Page 2, Case No. 15-1864 was tabled for 30 days.
Page 5, Case No. 15-1715 complied.
Page 7, Case No.15-2288 complied.
Page 8, Case No. 15-2292 complied.
Page 18, Case No.15-2590 removed.
Page 31, Case No. 15-2582 complied.
Page 42, Case No. 15-2632 was tabled for 30 days.
Page 85, Case No. 09-1946 was tabled until February 17, 2016.
Page 86, Case No. 09-2396 was tabled until February 17, 2016.
Ms. Ellis approved the agenda.
Ms. Springer called the roll and determined who was present.
IV. New Business
A. Cases to be Heard – Tabled (NONE)
B. Cases to be Heard – New
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Case No. 15-2607 MidFirst Bank
Property Address: 124 SW 9 Avenue
Type of Property: Single-family home, not homesteaded
Violation(s): Sect. 105.1
Florida Building Code, 2014 Edition for
the Boynton Beach Amendments.
Roof repair without a permit.
Repair exceeded 25%, requiring the
entire pitch roof to be repaired.
Not part of the flat roof permitted.
Officer Cain presented the case, which was a City department referral. The initial
inspection date was November 18, 2015. It is not a repeat violator. Initial notice was
December 2, 2015, and it was a written notice. Ten days were given to comply. The
green card was signed on January 4, 2016. Date of last inspection was January 19,
2016. City recommends 10 days or $100 a day. Ms. Ellis reviewed the facts of the
case.
Christina Long, on behalf of MidFirst Bank
, explained that a contractor known to the
bank made changes without notifying them. The Bank requests 30-60 days to pull the
permits, since they have to submit the bids for review and get approval, issue work
orders, pull appropriate pitch requirement, have the roof replaced, and complete the
final inspection.
Ms. Ellis asked if there were any public safety concerns, and Mr. Cain replied in the
negative, noting it is a vacant house. Ms. Ellis asked how long MidFirst Bank has
owned the property, and Ms. Long said it was acquired in October, 2015, at auction.
Decision
Ms. Ellis ordered a 30-day compliance date of February 19, 2016, or a fine of $200 a
day thereafter.
Case No. 15-1745 Warehouse 11 Condominium
Association
Property Address: 3191 SW 14 Place
Violation(s): LDR CH4 ART 2 SECT 4813
CO CH4, ART 3 SECT 11
Repair parking lot.
Restripe sod area where there are bare
areas on property. Trim hedges in the
rear of the property. Repair sprinkler
system. Sod the swale.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Officer Pierre presented the case, which was a citizen complaint. The initial inspection
date was July 29, 2015. It is not a repeat violator. Initial notice was July 29, 2015, by
certified mail. Thirty days were given to comply. Mr. Pierre said he granted an
extension to the owner several times. Property was last inspected January 19, 2016,
and the City recommends 60 days or $200 a day. Ms. Ellis reviewed the facts of the
case. The only iems remaining to be fixed are the sprinkler system and the swale.
Edward Smith, Board of Directors member, Warehouse 11 Condominium
Association,
said they are attempting to repair the sprinklers and fix the well. The well
may be dry, and he wanted more time in case they have to permit and dig a new well.
Decision
Ms. Ellis ordered a 60-day compliance date of March 20, 2016, or a fine of $200 a day
thereafter.
VI. Old Business
A. Lien Penalty Certifications – Tabled
Case No. 15 14-1289 J S Ende Family Limited Partnership
Property Address: 3191 SW 14 Place
Decision
Ms. Ellis ordered the case tabled to February 17, 2016.
Case No. 15-958 Andrea Yekutiel – Charles A. Adams
Property Address: 644 Riviera Drive
Violation(s): CO CH13 SECT 13-16
Apply and pass inspection for Certificate
of Use and Business Tax Receipt for
rental property in 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 October 21, 2015, and the client appeared. Compliance
date was set at November 20, 2015 or $100 a day. Property was last inspected
January 20, 2016, and the violation still exists. There have been 60 days of non-
compliance at $100 a day plus administrative fees for a total of $826.18.
Ms. Ellis reviewed the facts of the case, noting the case had been tabled three times.
She said once they get to this point of fine certification, there has been ample
opportunity for the respondent to come into compliance.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Jason Lloyd, founder of the house program
, said they have been trying since “last
year” to get certification. It is a large house (3.5 baths) and there are more than six men
living there. He said the City turned them down because they were not allowed to have
more than six unrelated people living in the same house in that area. He mentioned
they have had no problems in the community in the past year. The City asked them to
file a “reasonable accommodation” for the disease and disability to have more than six
men live there. They have repeatedly tried to obtain that accommodation, and they
were recently declined. Mr. Lloyd said they are now appealing the decision. The State
has certified the residence and allowed four individuals per full bathroom. He said they
could not afford the rent if they only had six residents. Mr. Lloyd said their legal counsel
advised them they are filing the appeal. He wanted to wait until the appeal process is
finalized.
Ms. Springer clarified that this type of facility is six residents or less no matter where in
the City it is located. She also reported that the appeal has been denied twice, per a
letter from Mike Rumpf. Ms. Springer noted that Ms. Ellis certified the lien last month on
another property owned by Mrs. Yekutiel with the same ACL (Adult Congregate Living
Facility) in it – they also have more than six residents.
Mr. Lloyd stated they have filed a housing discrimination lawsuit with Palm Beach, since
the residents qualify as “disabled.”
Decision
Ms. Ellis stated she would take the case under advisement. She will review the letter
and issue a written order within 30 days.
C. Lien Penalty Certifications – Cease & Desist
Case No. Respondent
15-2337 Jude St. Felix & Jacqueline
Telamour
Property Address: 727 W Ocean Avenue
Violation(s): CO CH10 SECT 10-52
CO CH15 SECT 15-120 D INC
Cease and desist having
unregistered and inoperable
vehicles on property.
Officer Shickles presented the case. Notice of violation date was February 28, 2015,
and January 5, 2016. Magistrate hearing was December 17, 2015, and no one
appeared. Compliance date was set at December 16, 2015, and a fine was proposed of
$500 an occurrence and a cease and desist order. Since then, there have been two
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
occurrences at $500 an occurrence equaling $1,000 plus administrative fees of
$442.06. Officer Shickles did not know if the vehicles were still on the property. He
presented photos (from December 28, 2015, and January 5, 2016) and said they are
putting the expired dealer’s tag on different vehicles. Attached to the photos was the
DAVID form, which showed the tag had expired.
Jacqueline St. Felix, property owner
, said she has done the best she can and tried to
fix everything. She said the tag was only there for several days, and they were waiting
to transfer title.
Ms. Ellis pointed out there was more than one occurrence of the violation, and it is the
same tag on two different vehicles.
Decision
Ms. Ellis ordered a Cease & Desist and certified the fine of $1,000 plus the
administrative costs of $442.06.
Case No. Respondent
13 15-2239 Aaron Clay & Alfred Dort
Property Address: 310 Ocean Park Way
Violation(s): Florida Building Code, Boynton
Beach Amendment, 2010 Edition:
105.1
CO CH15 SECT 15-120 D INC
CO CH10 SECT 15-52
Secure building permits for the
new doors and windows
insulation. Remove all trash and
debris from property and swale
area. Cease and desist: stop the
storage of inoperable vehicles on
the property and un-permitted
auto repair.
Officer Cain presented the case. Notice of violation date was October 9, 2013. Code
Compliance Board hearing date was November 20, 2013, and no one appeared.
Compliance date and proposed fine was set by Board. Cease and Desist by November
30, 2013, or $100 per occurrence. Date of occurrence was December 14, 2015, with
one occurrence for an administrative fee of $346.03. Ms. Ellis reviewed the facts of the
case. Ms. Springer clarified that no one appeared in February, and they certified one
occurrence; this is a separate occurrence.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Cynthia Pearson appeared on behalf of Aaron Clay
. Ms. Pearson said that Mr. Dort
agreed to buy out the property with Mr. Clay, and Mr. Clay will be taking over. Ms.
Pearson stated that the vehicles have been removed. Mr. Cain presented photos of the
violation. Ms. Ellis explained that if the vehicle was there on the date of inspection,
there was an occurrence. Ms. Pearson said the van is registered with the correct tag,
and she questioned how that could be a violation. Ms. Ellis said the photo showed six
vehicles and asked if the SUV was the problematic vehicle. There was further
discussion on the vehicles.
Decision
Ms. Ellis tabled the case to February 17, 2016, because the Code Officer who visited
the property is not present due to illness, and she wanted him to testify.
Case No. Respondent
12-145 Annette Harrell
Property Address: 391 NE 28 Court
Violation(s): CO CH15 SECT 15-120 D INC
CO CH10 SECT 10-52
LDR CH3 ART 4 SECT 3C and D
Remove all inoperable vehicles and
unregistered, auto parts, tires, engines,
tool boxes, appliances, and trash and
debris from exterior yard areas. Clean
trash and debris from the swale area on
the east side. Cease and Desist: un-
permitted all repair at this location.
Officer Shickles presented the case. Notice of violation date was January 30, 2012.
Magistrate hearing date was March 21, 2012, and Annette Harrell appeared.
Compliance date was set at March 31, 2012, and proposed fine set by Magistrate was a
Cease and Desist or $250 per occurrence. Date of occurrence was December 11,
2015, with one occurrence of $250.00 plus administrative fees in the amount of
$346.03.
Mr. Shickles presented photos. Ms. Ellis stated she was looking at photos taken by
staff on December 11, 2015; they appear to be photos of 391 NE 28 Court showing
various vehicles and tires and different items.
Jimmy Sinkfield, son of Annette Harrell (property owner) and resident of property
,
stated the pictures reflected the property on that date. Mr. Sinkfield asked for
clarification on the violation. Ms. Ellis stated that the Cease and Desist required all
inoperable vehicles, auto parts, tires, engines, appliances to be removed. She pointed
out tires and wooden crates in the photo, noting all of that has to be removed. Mr.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Sinkfield said it was all removed and offered a video of the property. Ms. Ellis explained
they were there on December 11, 2015.
Decision
Ms. Ellis certified the fine for the Cease and Desist of $250 plus the administrative costs
($346.03) for a total of $596.03, because the City has proven there was a violation on
that day. She advised Mr. Sinkfield to keep the property clean to avoid future citations.
Ms. Springer advised there would be a lien placed on the property until the fine is paid.
B. Cases to be Heard – New
Case No. 15-2553 Adalwin LLC
Property Address: 214 SW 10 Avenue
Type of Property: Single-family home, not homesteaded
Violation(s): CO CH13 SECT 13-16 and 13-7
Apply for and pass inspection for
Business Tax Receipt and a Certificate
of Use and Occupancy for rental
property.
Officer Cain presented the case, which was a City Department referral. Initial inspection
date was November 10, 2015. It is a repeat violator. The original notice was November
10, 2015, and it was a written notice. Twenty days were given to comply. The green
card was signed on December 10, 2015. Property was last inspected January 19,
2016. City recommended 10 days for compliance, January 30, 2016, or $200 a day.
Julie Hynds, works for the property management company that represents the
owner
, stated they have three cases for the same owner and did not receive a copy of
the notification for two of them. She said they would take the necessary steps to
comply.
Ms. Ellis confirmed that the notices were signed for, but Ms. Hynds said they
occasionally have issues obtaining notices from the service. She requested
continuance on all three Adalwin cases so they can finalize inspections.
Decision
Ms. Ellis said she would not give an extension since there had been a previous violation
on the property. She ordered a 10-day compliance date of January 30, 2016, or $200 a
day. Each case would be heard separately.
Case No. 15-2608 Beauly LLC
Property Address: 423 SW 10 Avenue
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Type of Property: Single-family home, not homesteaded
Violation(s): CO CH13 SECT 13-7 INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Cain presented the case, which was a City Department referral. Initial inspection
date was November 18, 2015. It is a repeat violator. The original notice was November
18, 2015, and it was a written notice. Five days were given to comply. The green card
was signed on December 31, 2015. Property was last inspected January 19, 2016.
City recommended 5 days for compliance, January 25, 2016, or $500 a day.
Julie Hynds, authorized agent for Beauly LLC
, stated the property is currently
applied for and they are curing the deficiencies. The only remaining item that she is
aware of is the driveway, which has work orders scheduled that should be completed by
January 22, 2016. Ms. Ellis reviewed the facts of the case.
Decision
Ms. Ellis ordered a 5-day compliance date of January 25, 2016, or $500 a day. She
advised Ms. Hynds to schedule the inspection within the 5 days.
Ms. Hynds explained that they have numerous properties that they complete the
Business Tax Receipts on, but have found that many times a Compliance Officer finds
something new they have to fix and the situation repeats over and over. She wondered
how they should address that situation. Ms. Ellis replied if it does not comply on
January 22, 2016, the case would still go to a certification of the fine. If it complies in
the interim, the fine may be waived.
Case No. 15-2610 Beauly LLC
Property Address: 202 SE 1 Avenue
Type of Property: Single-family home, not homesteaded
Violation(s): CO CH13 SECT 13-7 INC
CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Cain presented the case, which was a City Department referral. Initial inspection
date was November 18, 2015. It is a repeat violator. The original notice was November
18, 2015, and it was a written notice. Twenty days were given to comply. The green
card was signed on December 31, 2015. Property was last inspected January 18,
2016. There are no safety hazards. City recommended 5 days for compliance, January
25, 2016, or $500 a day.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Julie Hynds, authorized agent for Beauly LLC
, said that one item that was cited was
the need for sod in the front yard. She wondered if they could use an alternative means
of beautifying the yard, such as seeding. Ms. Hynds said that application was made,
and they have been working diligently on it since December. She asked the Court to
consider that there were several weeks of holidays in that period and asked for 30 days
to comply.
Officer Cain reviewed that sod and overgrowth were the deficiencies at the last
inspection. Ms. Ellis advised it is not in her purview to determine the preferred method
of growing the lawn; that would be up to City staff. Officer Cain stated that the City
Code does allow for seeding of the yard.
Ms. Springer advised that the issue is not the yard, but the Business Tax Receipt. She
said they will not have the Business Tax Receipt until they take care of the overgrowth
and have the grass.
Decision
In light of the testimony, Ms. Ellis ordered a 5-day compliance date of January 25, 2016,
or $500 a day.
Case No. 15-2612 Beauly LLC
Property Address: 416 SW 7 Court
Type of Property: Single-family home, not 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. Initial inspection
date was November 18, 2015. It is a repeat violator. The original notice was November
18, 2015, and it was a written notice. Eighteen days were given to comply. The green
card was signed on December 31, 2015. Property was last inspected January 19,
2016. City recommended 5 days for compliance, January 25, 2016, or $500 a day.
Julie Hynds, authorized agent for Beauly LLC,
stated they had difficulty confirming
that their payment, and the application was received. She has documentation of
communications with various departments in the City. She also stated they had
difficulties setting an inspection date. They are now waiting for confirmation of a 9:00
a.m. inspection on January 28, 2016. Officer Cain said he was not aware of the
inspection date. Ms. Hynds presented an email.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis stated that the email dated January 19, 2016, was to Courtney Cain from a Luz
Cruz trying to schedule an inspection. It does not say if the City has agreed to
coordinate an inspection on a specific date. Mr. Cain said he received an email on
January 19, 2016, but he did not respond. He had shown it to Mr. Pierre, and they were
trying to determine the schedule. He said they had an ongoing issue scheduling
appointments with that company because they have a history of not showing up.
Ms. Ellis referred to another email from Ms. Cruz (customer service representative)
saying that she would like to schedule it for January 28, 2016, but there was no
confirmation from City staff.
Ms. Hynds reiterated they are waiting for the confirmation. Mr. Cain referred to several
emails he had received in early January from Ms. Cruz, where she said she was trying
to contact a tenant and then get back to him to set up the inspections.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $500 a day.
Case No. 15-2616 Beauly LLC
Property Address: 132 SE 4 Avenue
Type of Property: Single-family home, not homesteaded
Violation(s): CO CH13 SECT 13-7
CO CH13 SECT 13-16
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. Initial inspection
date was November 18, 2015. It is a repeat violator. The original notice was November
18, 2015, and it was a written notice. Twenty days were given to comply. The green
card was signed on December 31, 2015. Property was last inspected January 19,
2016. City recommended 5 days for compliance, January 25, 2016, or $500 a day.
Julie Hynds, authorized agent for Beauly LLC,
stated they have an active license on
the property, and produced evidence to indicate that.
Decision
Ms. Ellis stated the case is complied.
Case No. 15-2551 Adalwin LLC
Property Address: 1611 NW 1 Court
Type of Property: Single family home, not homesteaded
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Violation(s): CO CH13 SECT 13-7 INC
CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use for rental property.
Officer Hart presented the case, which was a City Department referral. Initial inspection
date was November 10, 2015. It is a repeat violator. The original notice was November
10, 2015, via written notice. Ten days were given to comply. Notice was sent Certified
Mail on December 14, 2015. The green card was signed on December 18, 2015, and
sent Regular Mail on November 10, 2015. A Business Tax Receipt has been applied
for, but an inspection has not been performed. Property was last inspected January 19,
2016. City recommended 5 days for compliance, January 25, 2016, or $500 a day.
Julie Hynds, authorized agent of Adalwin LLC,
thought the $500 fine was too high
for a non-health issue. They only received the name of the inspector the previous day
to schedule the inspection. She requested 30 days to comply with the anticipated
compliance issues and subsequent inspections.
Ms. Ellis noted they have not been dealing with the issues.
Decision
Ms. Ellis ordered a 5-day compliance date of January 25, 2016, or $500 a day.
Case No. 15-2550 Adalwin LLC
Property Address: 174 S Palm Drive
Type of Property: Single family home, not homesteaded
Violation(s): CO CH13 SECT 13-7 INC
CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use for rental property.
Officer Hart presented the case, which was a City Department referral. Initial inspection
date was November 10, 2015. It is a repeat violator. The original notice was November
10, 2015, via written notice. Ten days were given to comply. Notice was sent Certified
Mail on December 1, 2015. The green card was signed on December 8, 2015, and sent
Regular Mail on November 10, 2015. A Business Tax Receipt was applied for in 2015,
but has not been applied for in 2016. Property was last inspected January 19, 2016.
City recommended 5 days for compliance, January 25, 2016, or $500 a day.
Ms. Ellis asked if the City could designate one inspector to work all these cases, but Ms.
Springer said they are short-staffed and each inspector has his own cases. She said if
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
they contact the main answering point, the personnel in that office will take their
information and give it to the appropriate Code Officer. It is up to the respondent to
contact the Code Officer and set up the appointment.
Julie Hynds, authorized agent for Adalwin LLC,
said they do not disagree with the
citation, but ask for a continuance to be able to file the application and schedule the
inspection.
Ms. Ellis established that no application has been made, and asked for the reason. Ms.
Hynds stated that this was the first notice she had seen that the property did not have
the license. Ms. Springer clarified that the service was obtained by the registered agent
and by the property owner.
Ms. Hynds explained they have issues getting notices forwarded from Adalwin, and they
have to work on that process.
Decision
Due to the history, Ms. Ellis ordered a 5-day compliance date of January 25, 2016, or
$500 a day.
Case No. 15-2611 Beauly LLC
Property Address: 216 NW 7 Avenue
Type of Property: Single family home, not homesteaded
Violation(s): CO CH13 SECT 13-7 INC
CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Shickles presented the case, which was a City Department referral. Initial
inspection date was November 18, 2015. It is a repeat violator. The original notice was
November 18, 2015, via written notice. Twenty days were given to comply. The green
card was signed but not dated. Property was last inspected January 19, 2016.
Payment pending was the status. City recommended 5 days for compliance, January
25, 2016, or $500 a day.
Ms. Springer clarified that the payment had been made.
Hector Carr
said the application was processed the prior day because there were some
communication problems within the office regarding the fees that were there. Tia
Stokes sent an email to Ms. Springer and the Code Officers the previous evening to the
effect that the properties had been paid.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis reviewed an email from Ms. Stokes dated January 19, 2016, at 4:16 p.m. to
Courtney Cain, Vestiguerne Pierre, and Diane Springer. The email says that the “below
mentioned addresses have all been paid.” However, the list in the email does not cite
the address of 216 NW 7 Avenue. Mr. Carr stated he would go back and check with
Ms. Stokes.
Julie Hynds
requested more time due to the confusion surrounding the payment of the
application.
Decision
Based on the evidence, Ms. Ellis ordered a 5 day compliance date of January 25, 2016,
or $500 a day.
Ms. Ellis recessed the Court for a short break at 1:29 p.m. and reconvened at 1:34 p.m.
E. Lien Reductions - New
Case No. 14-933 Colfin A1 FL 3 LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on April 18, 2014. The
Code hearing was on June 18, 2014, and Carmen Bengochia appeared. Compliance
date and fine set was June 28, 2014 or $50 a day. Case came into compliance on May
8, 2015; there were 313 days of non-compliance at $50 a day for a total fine of $15,650
plus administrative fees of $634.12. They did a total of four lien reduction inspections
before it came into compliance and was eligible to appear before the Court.
Ms. Springer continued, saying the City was contacted in April of 2015; there was an
outstanding water bill, there was still no Business Tax Receipt issued, and they needed
to install smoke detectors, remove trash and debris from the north side of the property
and rear yard, paint the fascia in the rear, and repair the soffit on the north side. The
Code Officer also needed to access the interior of the property to complete the
inspection. It passed inspection on June 18, 2015, for the Business Tax Receipt, but
there was an open permit for the air conditioning that was installed. No inspections
were done, which held up the process of lien reduction. Property was re-inspected in
October and found that the sod needed to be installed, and the sprinkler system had to
be repaired. They were finally satisfactory for lien reduction on December 18, 2015.
Ms Springer advised there are two cases on this property.
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Julia Hynds, authorized agent of Colfin A1 FL 3 LLC
, stated they have spent
$40,000 during the 2015 remediation and compliance effort. She said there was a
difficult resident who was denying access. They were able to comply in November
because they completed an eviction process.
Ms. Ellis asked if Ms. Hynds had any paperwork showing her receipts, and Ms. Hynds
replied in the affirmative. She also showed photos of the property, and Ms. Ellis stated
the photos would also pertain to the next case.
Decision
Based on the testimony presented by the City and of the respondent, Ms. Ellis reduced
the $15,650 lien to $4,500 plus the administrative cost of $634.12.
Case No. 14-1598 Colfin A1 FL 3 LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH15 SECT 15-120 D INC
Mow and trim overgrown yard. Remove
dead tree and sod the soil.
Ms. Springer presented the case. Notice of violation was sent on July 2, 2014. The
Code hearing was on September 17, 2014, and no one appeared. Compliance date
and fine set was September 27, 2014, or $100 a day. Case came into compliance on
February 23, 2015; there were 148 days of non-compliance at $100 a day for a total fine
of $14,800 plus administrative costs of $634.12.
Julie Hyndsauthorized agent of Colfin A1 FL 3 LLC,
, covered the history of the
property in the previous case.
Decision
Based on the prior testimony that relates to the same property and based on the
testimony by the City and the pictures presented, Ms. Ellis reduced the $14,800 fine
plus the $634.12 to $3,500 plus the $634.12.
D. Lien Reductions - Tabled
Case No. 14-1192 FPM Properties LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
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Ms. Springer presented the case. Notice of violation was sent on May 16, 2014. The
Code hearing was on July 16, 2014, and no one appeared. Compliance date and fine
set was July 26, 2014 or $50 a day. Case came into compliance on December 13,
2015; there were 260 days of non-compliance at $50 a day for a total fine of $13,000
plus administrative costs of $634.12. Ms. Springer stated they did three lien reduction
inspections on the property. There was also an outstanding water bill of $247.42 that
needed to be paid. She was contacted last April. The inspection was done, and they
needed to sod the property, repair the soffit screens, install screens on sliding door, and
paint unfinished surface around the windows. On August 17, 2015, they re-inspected; it
needed house numbers, and there was a phone box hanging that had to be repaired.
They did a re-inspection on October 7, 2015, and it was satisfactory for lien reduction,
but the 2015 and 2016 Business Tax Receipts were not current. They now have a
current Business Tax Receipt and are eligible for lien reduction.
Larry Lang, property manager
, stated that FPM sold the property in April, and the new
owner is very conscientious and took care of everything. Photos were presented that
showed the recent property.
Decision
Based on the testimony of the City and the Respondent’s representative, Ms. Ellis
ordered that the lien of $13,000 plus $634.12 administrative costs be reduced to $2,500
plus $634.12 administrative costs.
E. Lien Reductions – New
Case No. 15-497 Mildred Jeanne Cook
Property Address: 650 Snug Harbor Drive, #106
Violation(s): Florida Building Code 2010 Edition,
105.1, Boynton Beach Amendments
Reinstate A/C permit and pass
inspections.
Ms. Springer presented the case. Notice of violation was sent on March 4, 2015. The
Code hearing was on June 17, 2015, and no one appeared. Compliance date and fine
set was June 24, 2015 or $100 a day. Case came into compliance on August 26, 2015;
there were 62 days of non-compliance at $100 a day for a total fine of $6,200 plus
administrative fees of $730.15. This case originated when Ms. Cook bought the
property, although she was not aware of the problem when she purchased it. The
outstanding A/C permit that was pulled by the prior owner was voided. At that point,
Code got a notice from the Building Department that the permit was voided. Ms. Cook
had to go through the entire permitting process getting an A/C contractor to come in and
go through the inspections; it took 62 days.
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Mildred Jeanne Cook
, said she had no idea of the problem when she purchased the
property in 2012. The work had been done in 2009, and it was reported to her in 2015.
She requested that the lien be removed.
Decision
Based on the testimony, Ms. Ellis ordered that the $6200 lien plus the administrative
costs of $730.15 be reduced to just the administrative costs of $730.15.
Case No. 14-1003 IH3 Property Florida LP
Property Address: 12 Redwood Court
Violation(s): CO CH13 SECT 13-11
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on April 25, 2014. The
Code hearing was on June 18, 2014, and Michael Garrett appeared. Compliance date
and fine set was July 3, 2014 or $100 a day. Case came into compliance on November
10, 2015; there were 494 days of non-compliance at $100 a day for a total fine of
$49,400 with four inspections plus administrative costs of $634.12. An additional three
lien reduction inspections were done on the property. There was an outstanding water
bill that had to be paid and in order to comply the case, the Business Tax inspection had
to be done and they had to pay for the 2016 Business Tax Receipt. They were then
ready for lien reduction.
William Overfelt, Imitation Homes aka IH3 Properties
, was sworn in by Ms. Ellis. He
said the property manager and Michael Garrett are no longer with the company, and the
paperwork got lost. He said they paid the Business Tax Receipt in June, having
received the violation in May. The lien was recorded in September 2014, and they
finally passed the Business Tax Receipt inspection in November, 2014. Mr. Overfelt
said he has a $785 invoice for landscaping that was approved (sprinkler system), and
he showed the invoice.
Decision
Based on the testimony given by both the City and the respondent, Ms. Ellis ordered
that the current lien of $49,400 plus the administrative costs of $634.12 be reduced to
$4,500 plus the administrative costs of $634.12.
Case No. 14-2546 NHO Real Estate USA LLC
Property Address: 94 Magnolia Circle
Violation(s): CO CH13 SECT 13-16
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CO CH15 SECT 15-120 D INC
Apply for and pass inspection for
Business Tax Receipt for rental
property. Remove washer and dryer
from the driveway.
Ms. Springer presented the case. Notice of violation was sent on November 12, 2014.
The Code hearing was on January 21, 2015, and no one appeared. Compliance date
and fine set was January 31, 2015 or $100 a day. Case came into compliance on June
13, 2015; there were 132 days of non-compliance at $100 a day for a total fine of
$13,200 plus administrative costs of $634.12. There were a total of four lien reduction
inspections. The City was contacted in June of 2015 for lien reduction inspection. They
had to obtain a permit for the newly installed windows and remove a tree trunk from the
yard. The City was contacted again in October of 2015; the permit was pulled and final,
but the tree trunk still existed. The next inspection was requested in November, 2015.
It was re-inspected on November 23, 2015, and the property needed to be mowed. It is
now satisfactory for lien reduction.
Barbara Moskowitz (Fields), a Property Manager for NHO Real Estate USA LLC,
stated that the tenant would not allow access to the property and would not comply with
anything. They tried to get everything done, and did not know about the washer and
dryer until the violation was received. At that point, she called the tenant, he left and
they removed the washer and dryer. She said problems continued, with the tenant
breaking a window at one point. They have had a new tenant since September, and
she is cooperative.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $13,200 plus administrative costs of $634.12 be reduced to $1,500 plus
administrative costs of $634.12.
Case No. 12-1448 Citibank NA
Property Address: 653 SW 1 Court
Violation(s): CO CH10 SECT 10-51.5 INC
Remove bees around electric meter.
Remove inoperable vehicle and outside
storage. Mow, weed, and trim all
overgrowth. Replace missing jalousie
windows.
Ms. Springer presented the case. Notice of violation was sent on August 1, 2012. The
Code hearing was on September 19, 2012, and no one appeared. Compliance date
and fine set was September 29, 2012, or $250 a day. Case came into compliance on
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November 9, 2015; there were 1,135 days of non-compliance at $250 a day for a total
fine of $283,750 plus administrative costs of $634.12. There were an additional three
lien reduction inspections. The City was contacted in 2012 by a bank representative
and was told the property was occupied and they could not gain access. The next time
the City was contacted was in November of 2015; the outstanding water bill was paid,
and they had to sod and trim the palm fronds. The property passed inspection in
December, 2015, for lien reduction.
Bernadine Jones, Property Manager,
stated they purchased the property in
December of 2014 and brought the property into compliance “right away.” She has
invoices and brought before and after photos.
Ms. Ellis asked if the house was now on the market, and Ms. Jones said they just
closed on it. It sold for $185,000. The invoices add up to $50,527 for work done.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $283,750 plus administrative costs of $634.12 reduced to $15,000 plus
administrative costs of $634.12.
Case No. 09-3233 Realty Acquisitions and Trust
Property Address: 2319 S Federal Highway
Violation(s): CO CH10 SECT 10-2
CO CH10 SECT 10-56 B and G
Mow, weed and trim property. Remove
trash and debris. Remove or trim all
Florida Holly.
Ms. Springer presented the case, noting there are two cases for this property. Notice of
violation was sent on July 7, 2009. The Code hearing was on November 8, 2009, and
no one appeared. Compliance date and fine set was November 28, 2009 or $100 a
day. Case came into compliance on December 16, 2009; there were 17 days of non-
compliance at $100 a day for a total fine of $1,700 with plus administrative costs of
$634.12. Ms. Springer said they just had to pay a municipal lien. The City mowed the
exterior of the property, but a fence prohibited them from mowing all the property. The
cost for that was $445.92. It is a vacant lot.
Les Stevens, attorney on behalf of the Securities and Exchange Commission as
well as Nukles LLC
, the potential contract buyer for the property, had a copy of various
filings dealing with the property. The property was seized by the SEC for securities
violations in December, 2014. A liquidating agent was not appointed until November,
2015. He said they were more concerned with the next case, and requested that since
this case was inherited, that it be reduced down for administrative costs purposes as the
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property was not under their control in 2009. Mr. Stevens explained his paperwork to
the Court. He said the buyer is purchasing the property from a liquidation agent. Realty
Acquisitions still has the title, but it is under the jurisdiction of the SEC. He also
attached a copy of the contract with PAP LLC. The municipal lien was paid as a
condition for this hearing. He also presented a current photo of property. The funds
from the sale will go back to the investors as part of the reimbursement of their losses
from the fraud.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $1,700 plus administrative costs of $634.12 reduced to the administrative costs
of $634.12.
Case No. 15-516 Realty Acquisitions and Trust
Property Address: 2319 S Federal Highway
Violation(s): CO CH15 SECT 15 -120 D INC
Mow and trim overgrown lot.
Ms. Springer presented the case, noting there are two cases for this property. Notice of
violation was sent on March 11, 2015. The Code hearing was on May 20, 2015, and no
one appeared. Compliance date and fine set was May 30, 2015 or $200 a day. Case
came into compliance on January 4, 2016; there were 216 days of non-compliance at
$200 a day for a total fine of $43,600 plus administrative costs of $634.12.
Les Stevens, attorney on behalf of the Securities and Exchange Commission, the
title agent and the buyer,
stated he has conflict letters, and he repeated everything
said for the previous case. This case came about after the property was seized and
before there was a liquidation agent put into place by the Federal judge. He said that
the liquidating agent was present. He asked for reduction due to the extenuating
circumstances. Ms. Ellis reviewed the facts of the case.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $43,600 plus administrative costs of $634.12 reduced to $3,000 plus the
administrative costs of $634.12.
Case No. 12-672 Harold Hart and Vera Hart
Property Address: 714 NW 7 Street
Violation(s): Boynton Beach Amendments to Florida
Building Code 07 Edition, 105.1
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Obtain a permit for rear sliders that were
replaced with double doors.
Ms. Springer presented the case, noting there are two cases for this property under two
different names. Notice of violation was sent on April 19, 2012. The Code hearing was
on June 20, 2012, and no one appeared. Compliance date and fine set was June 30,
2012 or $250 a day. Case came into compliance on October 21, 2014; there were 842
days of non-compliance at $250 a day for a total fine of $210,500 plus administrative
costs of $634.12. The property is satisfactory for lien reduction.
Ms. Springer advised that the former property owners were cited, and a lien placed on
the property. Mr. Tobin bought the property in 2012 directly from the Harts and was not
aware of the lien (the title company did not see the lien). Ms. Ellis reviewed the facts of
the case.
Scott Tobin
, stated they were not aware of any liens when they purchased the
property. They have worked diligently with Code Enforcement getting everything
rectified as quickly as possible and hiring licensed contractors. He said they purchased
the property for approximately $100,000 and have put about $50,000 into it including a
new well, driveway, electrical, sprinkler system, sod, smoke detectors, hurricane
windows, etc.
Ms. Ellis asked Mr. Tobin what the title company said, and he replied that he had not
contacted them yet.
Ms. Springer did not have any current photos.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $210,500 plus administrative costs of $634.12 reduced to $1,000 plus the
administrative costs of $634.12.
Case No. 13-260 Craig Tobin
Property Address: 714 NW 7 Street
Violation(s): Boynton Beach Amendments of the
Florida Building Code 2010 Edition,
105.1
CO CH13 SECT 13-16
Renew permit to replace windows that
has expired with no approved
inspections. Obtain permit for garage
enclosure. Obtain Business Tax
Receipt for rental property.
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Ms. Springer presented the case, noting there are two cases for this property under two
different names. Notice of violation was sent on February 22, 2013. The Code hearing
was on April 17, 2013, and no one appeared. Compliance date and fine set was April
27, 2013, or $200 a day. Case came into compliance on October 21, 2014; there were
541 days of non-compliance at $200 a day for a total fine of $108,200 with four
inspections at $634.12. Ms. Springer thought this was very similar to the first case. The
violations stem from the prior owner. She thought there had been family staying in the
property at one point.
Scott Tobin, co-owner and brother to Craig Tobin
, said he had lived there from the
beginning. He said they had to hire contractors, an architect and others to do the work
because it was done illegally before they owned the property.
Ms. Springer stated that Mr. Tobin let the Code office in to do a Business Tax Receipt
inspection where he did not need one. They finally signed an exemption because it was
family living in the house. The building addition was found at that inspection, and it had
to be reported to the Building Department, which then triggered this case.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $108,200 plus administrative costs of $634.12 reduced to $500 plus the
administrative costs of $634.12.
B. Cases to be Heard - New
Case No. 15-2541 Thosam LLC
Property Address: 125 S Atlantic Drive
Type of Property: Single-family home, non-homesteaded
Violation(s): CO CH13 SECT 13-7 INC
CO CH13 SECT 13 -16
Apply for and pass inspection for a
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Hart presented the case, which was a City Department referral. The initial
inspection date was November 9, 2015. This is not a repeat violator. Written notice
was issued on November 9, 2015, with 10 days to comply. Date of notice sent Certified
Mail was November 30, 2015, and the signed green card was dated December 5, 2015.
Date of notice was sent regular mail November 9, 2015. A Business Tax Receipt was
applied for 2015, but not for 2016. The property was last inspected on January 19,
2016. The City recommends 10 days, January 30, 2016, or $100 a day.
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Liza Amar, Property Manager
, said they applied for a permit because the water heater
had been replaced without a permit. They ask for an extension of 30 days to be sure
everything will be done at the same time. She had a copy of the invoice for the
plumber. Ms. Ellis advised their next step would be scheduling an inspection. Ms.
Amar stated she was going to be out of the country for two weeks and wanted to make
sure everything got done. Ms. Springer said Ms. Amar would not be able to get the
Business Tax Receipt with an open permit. Ms. Springer advised her that she will need
two inspections: one from the Building Department and one from Code Compliance.
Decision
Ms. Ellis ordered a 30-day compliance date of February 19 20, 2016, or a fine of $100 a
day thereafter.
A. Lien Penalty Certifications – Tabled
Case No. 15-2222 Al Hankerson Estate
Property Address: 320 NW 2 Street
Violation(s): CO CH10 SECT 10-56 A and D
Please secure all doors and windows to
prevent unauthorized individuals from
entry.
Officer Shickles presented the case. The notice of violation date was October 8, 2015.
The Magistrate hearing was November 18, 2015, and no one appeared. The
compliance date was set at November 28, 2015. The fine proposed was $1,000 a day.
The property was inspected on January 19, 2016, and the violation still exists. It has
been 52 days of non-compliance at $52,000 plus administrative costs of $634.12.
Mr. Shickles said he went to the property the previous day with an officer, and the front
door was wide open.
Valerie Hankerson, daughter of deceased parents who owned the property,
said
she and her son have been trying to get the house caught up to Code. She
acknowledged there have been problems with the house. They will try to get funds
available to try to do repairs.
Ms. Ellis asked why no one appeared at the last hearing, and Ms. Hankerson replied
that she did not realize the seriousness of the hearing and apologized. Ms. Ellis
explained that since there are public safety issues, she does not have any discretion in
her decision.
Decision
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis certified the fine. She advised that once the respondent gets everything taken
care of, they can apply for a lien reduction.
Ms. Springer advised Ms. Hankerson that they have to secure the property (board up
the windows and doors) so there is no entry. Then call the Code Officer to inspect and
stop this fine from running. After that, they can work on the other violations.
A. Cases to be Heard – Tabled
Case No. 15-616 301 North Federal Way LLC
Property Address: 301 N Federal Highway
Violation(s): As noted in notice of violation
Officer Hart presented the case. The City recommended 10 days at January 30, 2016,
or $100 per day.
Decision
Given that no one was present to respond, Ms. Ellis ordered a 10-day compliance date
of January 30, 2016, or $100 a day.
Case No. 15-2391 Armenian Cultural Association
America
Property Address: 850 West Boynton Beach Boulevard
Violation(s): As noted in notice of violation
Officer Shickles presented the case. The City recommended 10 days at January 30,
2016, or $100 per day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
B. Cases to be Heard – New
Case No. 15-1110 Jeanne M. Ernst
Property Address: 903 NW 6 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 30 days to comply at
February 19, 2016, or $100 a day.
Decision
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Boynton Beach, Florida January 20, 2016
Ms. Ellis ordered a 30-day compliance date of February 19, 2016, or $100 a day.
Case No. 15-2178 Edward J. Karban
Property Address: 3000 SE 1 Place
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2293 Armelle Lorme & Gilbert Lorme
Property Address: 300 SW 12 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 30 days to comply at
February 19, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 30-day compliance date of February 19, 2016, or $100 a day.
Case No. 15-2371 Emilia & Francois Pallisco
Property Address: 106 SW 1 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 30 days to comply at
February 19, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 30-day compliance date of February 19, 2016, or $100 a day.
Case No. 15-2373 Meriles Jean
Property Address: 115 SW 5 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2636 Aldy Jean Jacques
Property Address: 413 SW 7 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2414 Susan H. Cooney
Property Address: 217 SE 2 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2422 144 Boynton LLC
Property Address: 144 SW 8 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 30 days to comply at
February 19, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 30-day compliance date of February 19, 2016, or $100 a day.
Case No. 15-2449 Stanley S. Simon & Doris Simon
Property Address: 124 Ocean Court
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2453 MIA Real Rentals LLC
Property Address: 421 SW 5 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2517 Tammarra Holdings LLC – Johanna
Swanfeld
Property Address: [not stated]
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2651 Jane Lindros & Kristian V. Isaksen
Property Address: 1001 NE 7 Street
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is a repeat violator. The City recommended 10 days
to comply on January 30, 2016, or $200 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $200 a day.
Case No. 15-2539 SP Investment Properties LLC
Property Address: 1504 S Seacrest Boulevard
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply on
January 30, 2016, or $100 a day.
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2200 Chris Williams
Property Address: 683 NW 11 Street
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 10 days to comply on
January 30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2531 Bariy Investments LLC
Property Address: 317 NE 10 Avenue
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 15 days to comply on
February 4, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of February 4, 2016, or $100 a day.
Case No. 15-2582 Charlene Edwards
Property Address: 228 NW 7 Avenue
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The case is complied.
Case No. 15-2598 Eckols 76 LTD – Eckols 86 LTD
Property Address: 1102 N Federal Highway
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 15 days to comply on
February 4, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of February 4, 2016, or $100 a day.
Case No. 15-2602 Anthony Rogers
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Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Property Address: 907 N Federal Highway
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 10 days to comply on
January 30, 2016, or $500 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $500 a day.
Case No. 15-2604 US Bank National Trust – Nationstar
Mortgage LLC
Property Address: 601 NW 10 Court
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 15 days to comply on
February 4, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of February 4, 2016, or $100 a day.
Case No. 15-1972 Michael Sanches
Property Address: 2221 NW 1 Street
Violation(s): As noted in notice of violation.
Officer Hart presented the case. This is a repeat violator. The City recommended 7
days to comply on January 27, 2016, or $500 a day.
Decision
Ms. Ellis ordered a 7-day compliance date of January 27, 2016, or $500 a day.
Case No. 15-2236 ILU Properties LLC
Property Address: 2941 Ocean Park Way
Violation(s): As noted in notice of violation.
Officer Hart presented the case. This is a health and safety hazard. The City
recommended 7 days to comply on January 27, 2016, or $1,000 a day.
Decision
Ms. Ellis ordered a 7-day compliance date of January 27, 2016, or $1,000 a day.
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Case No. 15-2543 Gloria H. Mosch
Property Address: 127 S Atlantic Drive
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply on January
30, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $100 a day.
Case No. 15-2589 2015 3 IH2 Borrower LP
Property Address: 1012 NW 7 Street
Violation(s): As noted in notice of violation.
Officer Shickles presented the case. The City recommended 15 days to comply on
February 4, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of February 4, 2016, or $100 a day.
Case No. 15-2638 Diane Christie
Property Address: 625 Lakeside Harbor
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply on
January 30, 2016, or $200 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of January 30, 2016, or $200 a day.
Ms. Ellis stated that no respondents appeared for all of the cases just discussed.
Officer Pierre stated that the following will be certified as “No Fine.”
Case No. Respondent
15-1758 Pyrrhus Wigens
15-2144 Bank of America
15-1892 Towne Center Investments LLC – Ali Baba Restaurant & Hookah
15-1915 Ellington G. Beckles & Shirlene Beckles
15-2168 Audrique J. Charles
15-2188 Bank of New York Trust
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15-2020 Vernon Thompson Jr. Trust (two orders, both no fines)
15-2072 Bham Partners LLC
15-765 Francesco Rocca & Rose Rocca
15-2069 Eric Jones & Cindy Jones
Officer Pierre stated that the following will be tabled until February 17, 2016.
Case No. Respondent
14-1289 J.S. Ende Family Limited Partnership
15-1759 Hazel Butler & Chris Freeman
15-1631 Broadtree Homes Florida LLC
15-1767 Jimmi Reed & Lillian E. Reed
15-1590 Lakhmichand N. Kalra Trust Holder
Officer Pierre read the following into the record:
“The City was requesting that the fines be certified in the following cases.
All the violators have been provided Notice of today’s hearing, with Proof
of Notice filed in the record with the Board Clerk. At this time, no one is
present this morning in Chambers for any of the cases I am requesting for
certification at this time. All of the cases have been re-inspected prior to
the 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
15-1042 Sunny Side in Florida IV LLC
15-2011 Nanette Roberts Trust Title Holder
15-1812 Joanne B. Gimmy & Scot P. Gimmy
15-1834 Wells Fargo Bank
th
15-2160 147 SW 7 Ave LLC
15-1820 Joseph Mulhern
15-1980 Joseph Noreus & Delizia Noreus
15-2124 DCS Properties LLC
15-2128 DCS Properties LLC
15-2130 DCS Properties LLC
15-2131 DCS Properties LLC
15-1255 Eretzor Investments LLC
15-1840 Shumar Metellus
15-1846 Bobby Johnson & Kathryn Johnson
15-2066 Lillian Mayhew Trust
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
Ms. Ellis stated there were no respondents that appeared regarding the above cases.
F. Approval of Stipulated Agreement
Case No. 15-2659 Orange Homes Corp.
Ms. Springer advised it was a Stipulated Agreement signed by the Magistrate that was
entered between the City and Orange Homes Corporation. A representative from
Orange Homes Corporation stated in his testimony that there were no problems at the
property, but Ms. Springer recalled there had been some police activity at that address.
She asked the Magistrate if she would be interested in having the record of calls out by
police to that assisted living facility. Ms. Ellis stated she would like that to be added to
the file.
VII. Adjournment
Ms. Ellis concluded the meeting at 12:00 p.m.
[J. Rubin, Prototype Inc.]
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