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Minutes 06-21-17 MINUTES OF THE COMMUNITY STANDARDS HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JUNE 21, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Michelle Scott, Community Standards Specialist 4 I. CALL TO ORDER Carol Ellis, Special Magistrate, called the Hearings to order at 9:01 a.m., and explained the magistrate’s role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. Also that a fine will be imposed if the violation(s) are not corrected by the deadline. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Scott administered an oath to all those intending to testify. II. APPROVAL OF AGENDA The following revisions to the agenda were announced: Item 18, Case No. 17-147 – removed Item 19, Case No. 17-226 – complied Item 21, Case No. 17-370 – complied Item 25, Case No. 17-490 -- complied Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Case Hearings Case No. 16-79 Suau Enterprises Inc. Property Address: 2360 N Federal Hwy Type of Property: Commercial Property Violation(s): LDR Chapter 4, Article 11, Sect 4.8.13 LDR Chapter 4, Article 111, Sect 11 Bring property back to original site plan. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Officer Cain presented the case, which is a City Department referral. The initial inspection date was January 6, 2016. It is not a repeat violator. Initial written notice was January 12, 2016. Thirty days given to comply. Green card signed with no date. Property last inspected June 20, 2017. No health and safety hazards. City recommended 60 days from printed order for compliance, or $100 a day. Ms. Ellis asked for specifics of the violation. Officer Cain stated the property is a gas station, the landscaping, parking lot, and retainer wall at rear of property need to be repaired and replaced per original site plan. Everything is complied, except the retaining wall. City wants to extend compliance to six months as there is a joint property request to combine the vacant lot to the east for a joint business venture. Awaiting approval through Planning & Zoning and Building Department. Perry Perlman, general contractor for respondent, explained the reasoning for combining the two properties. Legal representation has applied for unity of the properties. Once approved, architectural design will propose the new use of the property to get it back into total compliance. Ms. Ellis advised the respondent to speak with Staff if more time is needed. Mr. Perlman agreed. Decision Based on testimony, Ms. Ellis ordered six (6) months compliance as stated on the Board Order, or $100 a day. Case No. 17-502 Eliahu Mizrahi Property Address: 8291 Bermuda Sound Way Type of Property: Single Family, Non-homestead Violation(s): CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 Apply for and pass inspection to obtain a certificate of use and occupancy. Obtain a business tax receipt. Officer Cain presented the case, which is a City Department referral. The initial inspection date was March 30, 2017. It is not a repeat violator. Initial written notice was April 12, 2017. Ten days given to comply. Green card signed with no date. Property last inspected June 20, 2017. City recommended 30 days from printed order for compliance, or $100 a day. Application has not yet been made for the BTR. This is a private residence from which respondent runs a plumbing business. Eliahu Mizrahi, owner, claimed he had licenses and permits to operate his business going back to 1981, living in this residence since 1996, and wonders why, when he recently tried to pull a permit, he was told he owed money for the past five years yet had been able to pull other permits during that time. However, upon questioning, examination of documents ensued and it was determined that four of those five years had the 8291 Bermuda Sound Way address, while the 2017 license was for Port St. Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Lucie. Michelle Scott from Community Standards attempted to shed light on the situation. Ms. Ellis decided to table the case to next month pending further information from the Permit Department to determine if there were any errors made on these permits, asking for the information be given prior to the next hearing. Decision Based on testimony, Ms. Ellis tabled the case to July 19, 2017. Case No. 17-505 1865 Woolbright Road LLC Property Address: 1899 W Woolbright Rd Type of Property: Commercial Property Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Permit expired, obtain new permit. Officer Cain presented the case, which is a citizen complaint. The initial inspection date was March 30, 2017. It is not a repeat violator. Initial written notice was April 19, 2017. Fourteen days given to comply. Green card signed with no date. Property last inspected June 20, 2017. City recommended 30 days from printed order for compliance, or $100 a day. Ms. Ellis asked for specifics of the violation. Officer Cain stated a BTR is required and permit has expired, application has been made, but cannot get the BTR until the permit is closed out. The respondent is some type of construction business. Jim Woods, Strategic Realty, works for landlord, stated the tenant has been placed in default for not complying with regulations required by the City. However, the tenant has applied for the permit and will be getting a BTR, and is present to make sure there is compliance. Mr. Woods asks for 60 days to comply, will give tenant 30, and if non- compliant, will evict the tenant. Officer Cain said City is okay with 60 days. Decision Based on testimony, Ms. Ellis ordered 60 days compliance as stated on the Board Order, or $100 a day. Case No. 16-1602 Bobby P Brown, Jr. & Debra Lynch th Property Address: 800 NE 7 St Type of Property: Vacant Violation(s): CO CH15 SECT 15-120D-1 INCL Remove all materials stored outside, as well as trash and debris. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Officer Hart presented the case, which is a citizen complaint. The initial inspection date was October 18, 2016. It is not a repeat violator. Initial written notice was October 18, 2016. Ten days given to comply. Date notice posted on property and at City Hall was June 9, 2017. Officer Hart spoke with Mr. Brown on several occasions, currently has applied for permit to install a fence, but materials stored on property are not typical fencing materials. Several extensions have been given. Property last inspected June 20, 2017. This is a health and safety hazard (hurricane). City recommended 15 days from printed order for compliance, or $100 a day. Officer Hart gave pictures to Ms. Ellis, and also had email dated June 13 to Patrick Hart from Kathleen Hatcher, Senior Planner in Planning & Zoning, about the materials and fencing materials, as well as an inspection sheet from RB Brennan Company whom neighbor hired to inspect the wood. Mr. Brown claims to have had the wood treated for termites. Ms. Ellis read the email into the record. Also submitted and read into the record: Wood Destroying Organisms Inspection Report issued by Florida Department of Agriculture and Consumer Services, RB Brennan Inspection Services, Inc., stating visible evidence of dry wood termites, evidence of alates at south exterior window, comments that in three piles of 4x12x16 beams there are signs of current dry wood termite activity, and may be source of alates, recommending immediate removal. Bob Brown, co-owner, stated all notices to appear were sent to PO Box 265, Gatesville, GA, which has not been his address in some years. Also claims the violation was unclear as to what materials were referenced, lumber not being specifically mentioned. Listed various neighbor difficulties for past 15 years, especially regarding a pigeon coop and cut bamboo trees on neighbor’s property. Mr. Brown’s position is that the fence permit currently allows him to store the wood. Ms. Ellis asked for verification from Planning & Zoning whether the lumber is in the purview of that permit. Preferred mailing address to receive notices is 6901 Osborne Dr., Lantana, FL 33462. Case was tabled temporarily while requested evidence was produced. \[Resumes below on page 6.\] Case No. 17-774 Cenlar FSB th Property Address: 239 NE 13 Ave Type of Property: Vacant Violation(s): CO CH10 SECT 10-56D Secure all doors and windows of vacant property. Officer Hart presented the case, which is a citizen complaint. The initial inspection date was May 10, 2017. Initial written notice was May 10, 2017. Ten days given to comply. Date notice sent Certified Mail was May 22, 2017. Green card signed June 2, 2017. Phone calls to property management company listed at the property were made on two separate occasions. The property is still unsecured. There has been police activity Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 related to the unsecured property. Property last inspected June 20, 2017. City recommended 10 days from printed order for compliance, or $100 a day. Officer Hart gave pictures to Ms. Ellis. There are people currently going in and out of the property. Barrie Krumholz, attorney for Sunlar, understood of the nature of the violation. Decision Based on testimony, Ms. Ellis ordered 10 days compliance as stated on the Board Order, or $100 a day. Fine Certification Hearings Case No. 17-47 IH5 Property of Florida LP Property Address: 1386 Auburn Court Officer Cain presented the case, and stated it has complied. Case No. 17-56 IH6 Property of Florida LP th Property Address: 2512 SW 4 St Type of Property: Single family – non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Resident property owner must have both BTR and COU. Apply for and pass inspection to obtain a certificate of use and occupancy. Also obtain a business tax receipt. Officer Hart presented the case. Notice of violation date was January 17, 2017. Magistrate Hearing date March 15, 2017, no one appeared. Compliance date set and fine proposed by Magistrate was April 5, 2017, or $100 a day plus administrative fees. Property last inspected June 21, 2017. Violation still exists. There are 78 days of continued non-compliance at $100 a day, or $7,800 plus administrative fees of $730.15. Ms. Ellis explained the reasoning for certifying a lien, and asked why no one had attended previous hearings. Linda Vega, representative Invitation Homes, stated there had been change in management, new manager was unaware of the hearings, as well as administration in charge was transferred elsewhere. Ms. Vega usually attends hearings on the owner’s behalf, but never received word about it. Property manager made all the payments, entity name was appropriately changed, and applications have been made prior to the day’s hearing. Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Decision Based on history of prior hearings with no appearance and numerous extensions, Ms. Ellis certified the fine. Case Hearings Case No. 17-38 2015 3 IH2 Borrower LP th Property Address: 1020 NW 8 St Type of Property: Single-family, non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Business tax receipt and certificate of use required. Permits required for air conditioning, water heater, and electrical panel box. Officer Weixler presented the case for Officer Guillaume, which is a citizen complaint. The initial inspection date was January 10, 2017. This is a repeat violator. Initial written notice was February 28, 2017. Thirty days given to comply. Certified card received June 5, 2017, of notice of the hearing. City recommended 30 days from printed order for compliance, or $100 a day. Officer Guillaume not present, notes state sodding of yard as complied; however, nothing said about permits. Linda Vega, representative Invitation Homes, stated the repair orders have been dispatched, is unaware if the paperwork has been submitted, but will follow-up. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $100 a day. Resumed case from page 3: Case No. 16-1602 Bobby P Brown, Jr. & Debra Lynch th Property Address: 800 NE 7 St Ms. Ellis stated Michael Rumpf, Planning & Zoning Director from the Building Department, was present to testify on the case. Mr. Brown returned to the stand. Ms. Ellis explained the background regarding Mr. Brown’s permit issued in March for storing the lumber on the property. However, without the file, Mr. Rumpf was unable to ascertain from the issued permit what materials, the dimensions, characteristics, or placement on the site were. Ms. Ellis stated she would have to table the case until such Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 review can be made and the Director can make that determination. Mr. Brown addressed Mr. Rumpf directly regarding his personal knowledge of Mr. Brown’s dealings with building permits on the property going back 30-plus years. Decision Based on testimony, Ms. Ellis tabled the item to July 19, 2017. Lien Reduction Hearings Case No. 13-2176 Deutsche Bank (at time of lien) th Property Address: 1144 SW 27 Place Type of Property: Single Family Violation(s): For Code Sections as stated Officer Guim presented the case. Notice of violation was September 30, 2013. Code compliance hearing date was November 20, 2013, and no one appeared. The Code compliance date was November 30, 2013, or $1,000 a day. Compliance date was June 15, 2017. There are 1,292 days of non-compliance at $1,000 a day for a total fine of $1,292,634.12. Todd Kenig, current owner, stated property was purchased in August 2015, and later that year the violations to date of purchase were complied. However, new violations kept coming up with subsequent inspections, and each violation was cured over the next two years. Mr. Kenig has a trail of emails with Ms. Springer that initial violations were cured in 2015, as well as with Officer Cain, and feels there was miscommunication somewhere because the lien should have been half as much. Value of the property is $315,000, and was purchased for $180,000. $130,000 has been spent in repairs. A family member will be living on the property. Documentation was provided and discussed. Recalculation of the fine, stopping it in 2015, was $640,000. Ms. Ellis reviewed Mr. Kenig’s binder, outlining all of the improvements made, including photos, and kept it for the file. Decision Based on testimony, Ms. Ellis reduced the lien to $2,500 plus $730.15 administrative fees. Case No. 11-2475 Boynton Beach Heights Realty nd Property Address: 327 SW 2 Ave Type of Property: Vacant Violation(s): For Code Sections as stated Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Officer Guim presented the case for Officer Pierre. Notice of violation was September 9, 2011. Code compliance hearing date was November 16, 2011, and no one appeared. The Code compliance date was November 26, 2011, or $100 a day. Compliance date was June 10, 2013. There are 561 days of non-compliance at $100 a day for a total fine of $56,734.12. Gabriel Cernea, manager of realtor/owner, asked for a lien reduction so that a house can be built there, as the former owner passed away and lot was abandoned. Purchase price $48,700 through tax deduction. Violations have been corrected since purchase, spending approximately $3,000. Would like to begin construction and apply for permits. Decision Based on testimony, Ms. Ellis reduced the lien to $1,500 plus $730.15 administrative fees. Case No. 14-904 Delva Rosyvanne rd Property Address: 449 SW 3 Ave Type of Property: RIA Single Family Violation(s): For Code Sections as stated Officer Guim presented the case for Officer Pierre. Notice of violation was April 17, 2014. Code compliance hearing date was June 18, 2014, and no one appeared. The Code compliance date was June 18, 2014, or $50 a day. Compliance date was June 15, 2017. There are 1,077 days of non-compliance at $50 a day for a total fine of $54,484.12. Wilfrid Nazaire, previous owner, appeared, stating he was the owner after Ms. Rosyvanne but prior to the current owner. As there was some confusion as to the chain of events, Ms. Ellis proposed tabling the item until next month when Office Pierre is present. Decision Based on testimony, Ms. Ellis tabled the event to July 19, 2017. Case No. 16-797 Haverim Investments Inc. Property Address: 3136 N Seacrest Blvd Type of Property: Single-family Violation(s): For Code Sections as stated Officer Guim presented the case for Officer Pierre. Notice of violation was April 22, 2016. Code compliance hearing date was June 15, 2015, and no one appeared. The Code compliance date was June 30, 2016, or $250 a day. Compliance date was Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 August 22, 2016. There are 52 days of non-compliance at $250 a day for a total fine of $13,634.12. Gil Ovadie, management company, appeared, stating the company had cured all violations on the owner’s behalf. Almost $5,000 has been put into repairs. Current value estimated at $100,000, and is a rental. Decision Based on testimony, Ms. Ellis reduced the lien to $500 plus $730.15 administrative fees. Case No. 16-1469 Wells Funding Financing LLC th Property Address: 170 SE 27 Court Type of Property: Single-family Violation(s): For Code Sections as stated Officer Guim presented the case for Officer Pierre. Notice of violation was September 13, 2016. Code compliance hearing date was October 19, 2016, and no one appeared. The Code compliance date was November 3, 2016, or $250 a day. Compliance date was June 15, 2017. There are 223 days of non-compliance at $250 a day for a total fine of $56,384.12. Jones Wilche, previous owner, appeared, stating he had sold the property three weeks earlier, but the inspector had lost the file and there was some confusion. Violations have been cured. Property was sold with existing lien because at the time of closing it was agreed Mr. Wilche would pay the fines. Authorization of Agent paperwork was produced for Ms. Ellis and the file. House was purchased for $145,000 and sold for $259,000, with $106,000 in repairs. Property was never rented, no income earned. Decision Based on testimony, Ms. Ellis reduced the lien to $1,500 plus $730.15 administrative fees. Case No. 16-1873 Gorant Terry Living Trust Property Address: 1116 Lake Terrace, Unit 214 Type of Property: Multi Family Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Case No. 17-419 Jordan A Berke Property Address: 54 Buxton Lane Type of Property: PUD Planned Zoned District Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Case No. 17-531 Palm Beach Housing Authority Property Address: 2091 N Seacrest Blvd Type of Property: Single Family Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended a 15-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $100 a day. Case No. 17-833 Aristilde Duckens nd Property Address: 525 NE 2 St Type of Property: Single-family Violation(s): For Code Sections as stated Officer Cain presented the case. City requests an Abate Nuisance Order to board up property. There is a health and safety hazard, as property is unsecured and squatters are present. City recommended a 15-day compliance after the printed order, or $250 day. Ms. Ellis amended that to a 7-day compliance due to health and safety issues. Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Decision As no one appeared, Ms. Ellis ordered 7-day compliance as stated on the Board Order, or $250 a day, and issued an order to secure and board up the home. Officer Cain stated that the following cases have complied: Item Case No. Respondent 3 16-1891 Yassa Emad 4 16-1892 Yassa Emad 5 16-1893 Yassa Emad 7 17-345 Pearl Taitlbaum 10 17-447 Ira Morris 11 17-474 Maggy Honore Officer Cain asked to remove the following cases: Item Case No. Respondent 6 17-120 Woolley C F 9 17-435 Florida Investment & Trade LLC 14 17-520 Darci and James Strobel Case No. 16-1460 Hazel Williams Estate th Property Address: 506 NW 5 St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Case No. 17-310 Eliyahu & Liat M Solomon th Property Address: 1635 NE 4 Court Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 15-day compliance after the printed order, or $200 day. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $200 a day. Case No. 17-438 Demetrius Bryant st Property Address: 2371 NE 1 Lane Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 15-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $100 a day. Case No. 16-1815 LF Real Estate Group LLC th Property Address: 114 NW 6 St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Officer Hart asked to table the following cases to July 19, 2017: Page Case No. Respondent 27 17-127 Joan & Oliver A Daley 30 17-500 Vestors Acquisitions LLC Officer Cain stated that the following cases have complied: Item Case No. Respondent 31 17-521 Agapito & Maria Rivera Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Case No. 17-229 Royce Freeman & Mildred Johnson nd Property Address: 2040 NW 2 Court Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Case No. 17-277 Benham LLC, c/o David Benhamou th Property Address: 240 NW 20 Court Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $100 a day. Case No. 17-591 James Johnson Jr. Property Address: North Seacrest Blvd Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $100 a day. Case No. 17-229 Royce Freeman & Mildred Johnson nd Property Address: 2040 NW 2 Court Type of Property: R1 Single Family Violation(s): For Code Sections as stated Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 Officer Hart presented the case. City recommended a 30-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $100 a day. Officer Weixler asked to table the following cases to July 19, 2017: Page Case No. Respondent 35 16-1779 Anthony & Portia Findley Officer Weixler asked to table the following cases to August 16, 2017: Page Case No. Respondent 34 16-1116 Patricia Perrault 39 16-537 Rosena Luberisse 41 16-1647 Leona Lewis Estate 42 16-1708 AIG Enterprise Corporation 44 17-316 Grady & Leonard Frederick 45 15-616 301 North Federal Way LLC 61 16-1127 S1 Capital Partners LLC Officer Weixler asked to table the following cases to September 20, 2017: Page Case No. Respondent 46 16-56 Gertrude Belizaire 50 15-321 Community Deliverance Church Officer Weixler stated the following cases complied, no fine: Page Case No. Respondent 37 17-54 IH6 Property Florida LP 47 16-1181 Vernon Thompson Jr Trust 48 16-1678 Hunter & W Mello & P Lewis 49 16-1596 James M Landwerlen Officer Weixler 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 Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 21, 2017 cases I am requesting for certification at this time. All of the cases have been re-inspected prior to today’s hearing and each case remains in non-compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, with the amount as set forth on the docket”: Page Case No. Fine Amount 38 17-56 $ 9,330.15 40 16-1118 $ 38,380.15 43 17-233 $ 11,384.12 IV. ADJOURNMENT Ms. Ellis concluded the hearing at 11:11 a.m. \[M. Moore, Prototype Inc.\] Page 15