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Minutes 12-21-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 21, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Vestiguerne Pierre, Code Compliance Coordinator I. CALL TO ORDER Carol Ellis, Special Magistrate , called the Hearings to order at 9:01 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. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Ellis administered an oath to all those intending to testify. II. APPROVAL OF AGENDA The following revisions to the agenda were announced: Page 1, Case No. 16-1150 – complied Page 2, Case No. 16-1270 – removed Page 3, Case No. 16-1345 – removed Page 4, Case No. 16-1409 – removed Page 5, Case No. 16-1440 – removed Page 6, Case No. 16-1441 – complied Page 7, Case No. 16-1460 – removed Page 8, Case No. 16-1461 – removed Page 9, Case No. 16-1490 – removed Page 10, Case No. 16-1500 – closed Page 12, Case No. 16-1559 – complied Page 13, Case No. 16-1571 – removed Page 14, Case No. 16-580 – removed Page 15, Case No. 16-1588 – complied Page 16, Case No. 16-1590 – removed Page 17, Case No. 16-1591 – complied Page 18, Case No. 16-1649 – removed Page 19, Case No. 16-1656 – complied Page 21, Case No. 16-1565 – complied Page 23, Case No. 16-1641 -- removed Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Cases to be Heard – New Case No. 16-1616 IA Boynton Beach Commons LLC Property Address: 333 N Congress Ave Type of Property: Commercial Violation(s): As stated in Notice of Violation Assistant Fire Marshal Moore presented the case, respondent was not present. Health and safety hazard. City recommended 15 days for compliance, or $200 a day. Decision Based on testimony, Ms. Ellis ordered a 15-day extension date as stated on the Board Order, or $200 a day. Case No. 16-1550 Boynton Landings Condo Assn Property Address: 2309 N Congress Ave Type of Property: Multi-family Violation(s): LDR CH 4 ART 6 SECT 3B Obtain a building permit and resurface and restripe parking lot Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was September 28, 2016. It is not a repeat violator. Initial written notice was September 28, 2016. Thirty days given to comply. Notice was sent by Certified Mail on November 7, 2016. Green card was signed November 15, 2016. Date property last inspected December 20, 2016, violation still exists. Possible health and safety hazard. City recommended 15 days for compliance, or $250 a day. Officer Weixler spoke to representative on phone, stated the entire parking lot was deteriorating and fading, and ADA parking stalls were not up to code. Ani Baltunado, Property Manager, stated community has had financial difficulties, needed to go through budget and obtain bids. A bid has been accepted and permits are in process of being submitted. Contractor said resurfacing is not needed, only to patch, reseal, and restripe. Officer Weixler stated clarification needs to be made with the City Engineer, who has guidelines. Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order, or $250 a day. Case No. 16-327 Wise Investments of South FL Inc Property Address: 400 S Federal Hwy Officer Guillaume presented the case, stating it has complied, no fine. Case No. 10-687 Lopez Rafael & Galvez Ana B st Property Address: 168 SE 31 Ave Type of Property: Single-family home Violation(s): CO 09-040 Mow all overgrown yard areas and trim overgrown vegetation. CO CH15 SECT 15-120D INCL CO CH10 SECT 10-56A Property is unsecured, secure property. Officer Cain presented the case. Notice of violation was March 9, 2010. Code compliance hearing date was April 21, 2010, and no one appeared. The Code compliance date was May 1, 2010, or $100 a day plus administrative fees $730.15. Violation no longer exists. Property last inspected December 31, 2011. Compliance date was December 31, 2011, or 608 days of non-compliance at $100 a day for a total fine of $61,530.15. Antonio Riviera, new owner, stated property was purchased October 2016, and all violations are in compliance, and that the violations preceded the foreclosure. He is seeking a waiver on the fines. Ms. Ellis asked how much was paid for property, Mr. Riviera said $217,000, his realtor purchased it for him from the court auction, and he plans to live there. He believes market value is around $300,000. Mr. Riviera put in new sod and new sprinkler system, but brought no photos for evidence. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 administration fees. Case No. 11-2445 Lopez Rafael & Galvez Ana B st Property Address: 168 SE 31 Ave Type of Property: Single-family home Violation(s): CO CH10 SECT 10-51.5 INCL Secure all openings to keep the public from entering. Remove all trash and debris from property. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Officer Cain presented the case. Notice of violation was September 2, 2011. Code compliance hearing date was November 19, 2011, and no one appeared. The Code compliance date was October 29, 2011, or $500 a day plus administrative fees $730.15. Violation no longer exists. There are 62 days of non-compliance at $500 a day for a total fine of $31,730.15. Antonio Riviera, new owner, stated the property was the same as Case No. 10-687. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 administration fees. Case No. 15-2604 Wodehouse David th Property Address: 601 NW 10 Ct Type of Property: Single-family home Violation(s): CO CH10 SECT 15-51.5 INCL Swimming pool must be kept in a clean and sanitary condition. Mow and trim entire property. Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Cain presented the case. Notice of violation was November 17, 2015. Code compliance hearing date was January 20, 2016, and no one appeared. The Code compliance date was February 4, 2016, or $100 a day plus administrative fees $730.15. Violation no longer exists. Property last inspected October 28, 2016. There are 312 days of non-compliance at $100 a day for a total fine of $31,930.15. Donna Paul, shareholder in Orange Homes Corp., owner, stated property was purchased September 2016, and everything was brought up to date. Photos were given to Ms. Ellis to review. Property was purchased via online auction for $187,000; current market price is $275,000, with improvements totaling $45,000. Property will be put up for sale. Ms. Ellis listed the improvements that respondent has provided: cut back overgrown landscape, repaired sprinkler system, new sod, installed new landscape mulch, pressure washed walkways and drive, painted house inside and out, repaired fascia, removed popcorn on ceilings and skimmed smooth, repaired broken and inoperable windows, removed discolored window film, cleaned and resurfaced pool, new pool pump and filter, new garage door opener, new AC, new appliances, new kitchen cabinets and granite tops, new baseboards, interior doors, and trims, new carpet in bedrooms, acid-washed tile floors and stained grout, painted patio deck, new light fixtures, two new bath vanities, tiled both baths, replaced washer and dryer, and repaired fence. Respondent also provided pictures of the before and after. Ms. Ellis noted for the record that pool was in a very bad condition and has been completely redone and looks very nice. Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Decision Based on testimony, Ms. Ellis reduced the lien to $730.15 administrative fees. Case No. 16-932 Pignasa Group LLC th Property Address: 1826 NE 5 St. Type of Property: Single-family home Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Cain presented the case. Notice of violation was May 27, 2015. Code compliance hearing date was July 20, 2016, and no one appeared. The Code compliance date was August 19, 2016, or $100 a day plus administrative fees $730.15. Violation no longer exists. There are 115 days of non-compliance at $100 a day for a total fine of $12,230.15. Marbel DeMoya, property manager, stated they have been working on applying for the business tax receipt since June, had inspection scheduled for BTR on July 21, 2016, but was out of town for the July 20, 2016, hearing. As contact had been maintained with Officer Weixler, it was assumed that it was known the inspection would be the next day and there would be an extension, but that did not happen. Officer Weixler confirmed that efforts were made for inspections, but there was a period of time he was out sick and the communications glitch may have happened then. When inspection was finally made, it passed. Decision Based on testimony, Ms. Ellis reduced the lien to $730.15 administration fees. Case No. 13-932 David & Alexandra Giordano Property Address: 7904 Manor Forest Ln Type of Property: Single-family home Violation(s): CO CH10 SECT 10-51.1 INCL Property maintenance, repair/replace roof in damaged area, fix fence in disrepair. Officer Cain presented the case. Notice of violation was May 1, 2013. Code compliance hearing date was June 19, 2013, and no one appeared. The Code compliance date was July 4, 2013, or $300 a day plus administrative fees $634.12. Compliance date was November 29, 2016. There are 1,243 days of non-compliance at $500 a day for a total fine of $373,534.12. Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Todd Kevitch Elena Turba, owners, andstated they purchased the property in July 2016. Property was purchased from bank at an auction for $138,000, and had been vacant three to four years. Market value is $295,000, and is currently under contract for sale for $293,000. Repairs and renovations of $80,000 include replacing the roof, new kitchen cabinets, new bathroom vanity, all bathrooms retiled, retiled the floor, new carpet, new windows, new toilets, shower doors, paint outside and inside, replaced fence on both sides, new kitchen and laundry appliances, new screening, new lighting, new AC, new crown molding, and more. House was purchased first day on market. Closing will be as soon as judgment letter is received. Ms. Ellis requested pictures on phones be emailed for the case files by 5:00 p.m. Decision Based on testimony, Ms. Ellis reduced the lien to $634.12 administration fees. Officer Cain stated that the following Lien Reduction cases will be removed: Case No. Respondent 08-1507 Muselaire Marie & Eusetache N 11-837 LaSalle Bank National Assoc 11-2478 Muselaire Marie & Eusetache N 13-986 Muselaire Marie & Eusetache N 15-2383 Seaside Bungalow F LLC Officer Hart stated that the following will be certified as No Fine. Case No. Respondent 16-504 White Rose Homes LLC 16-902 RBR Investors Corp 16-1104 MKCD Holdings LLC 16-1185 Mendez Richard 16-1189 THR Florida LP 16-1198 2014 1 1H Borrower LP 16-1223 IH2 Property Florida LP 16-1244 Cid Claudio 16-1282 Fitzpatrick Skaggs Roberta 16-1073 Chen Zhi Rui Estate th 16-1200 173 SE 28 Ave LLC Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Officer Hart stated that the following will be tabled until January 18, 2017. Case No. Respondent 16-1115 Perrault Patricia 16-1385 Tencza Keither & Thomas Jeffrey 16-444 Meeshee LLC 16-537 Luberisse Rosena 16-1038 Mason Calvin & Colwell L&D 16-1066 Ballard Kevin 16-1093 Calderon Efrain 16-1148 Lawrence Durane 16-1321 Shuki Geter LLC 16-1335 Innocent Roberson & Lyciana 16-1386 Christin Joseph F 16-1437 Rahamim Ron 16-900 Irache Partners LLC 16-952 Watson Lisa G & Nadine 16-1095 Washington Karl W 16-1127 S1 Capital Partners LLC 16-1240 John Held LLC 16-1242 John Held LLC Officer Hart stated that the following will be tabled until February 15, 2017. Case No. Respondent 15-616 301 North Federal Way LLC 16-56 Belizaire Gertrude 16-469 Orion Federal LLC 16-1181 Thompson Vernon Jr Tr Officer Hart stated that the following will be tabled until March 15, 2017. Case No. Respondent 16-913 Bradley Katherine C & Waters J Decision Ms. Ellis ordered that all the above-referenced cases be tabled to the dates as listed. Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 21, 2016 Officer Hart read the following into the record: “The City is requesting that the fines be certified in the following cases. All the violators have been provided Notice of today’s hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present in Chambers for any of the cases I am requesting for certification at this time. All of the cases have been re-inspected prior to today’s hearing and each case remains in non-compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, with the amount as set forth on the docket”: Case No. Fine Amount 16-854 $250.00 16-1352 $250.00 16-1469 $250.00 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. Case No. 16-1668 Maria A Cruz th Property Address: 327 NE 15 Ave Type of Property: Violation(s): As noted in the Notice of Violation Officer Weixler presented the case, no one attended. It is not a repeat violator. City recommended 30 days for compliance, or $100 a day. Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order, or $100 a day. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 9:53 a.m. [M. Moore, Prototype Inc.] Page 8