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Minutes 07-19-17 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JULY 19, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Assistant I. CALL TO ORDER Carol Ellis, Community Standards Special Magistrate, called the Hearings to order at 9:00 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. Loth administered an oath to all those intending to testify. II. APPROVAL OF AGENDA The following revisions to the agenda were announced: Item 2, Case No. 17-1110 – removed Item 5, Case No. 17-239 – removed Item 6, Case No. 17-247 – complied Item 7, Case No. 17-269 – complied Item 8, Case No. 17-272 – removed Item 9, Case No. 17-397 – complied Item 13, Case No. 17-480 – complied Item 16, Case No. 17-588 – complied Item 18, Case No. 17-589 – complied Item 19, Case No. 17-700 – removed Item 21, Case No. 17-305 – closed Item 25, Case No. 16-1690 – complied Item 26, Case No. 16-1800 – complied Item 29, Case No. 17-500 – complied Item 30, Case No. 17-587 – complied Item 34, Case No. 16-1368 – complied Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Case Hearings Case No. 16-1602 Bobby Brown & Debra Lynch th Property Address: 800 NE 7 St Type of Property: Vacant Lot Violation(s): CO CH15 SECT 15-120D Remove all materials stored outside, as well as trash and debris. Officer Hart presented the case, which is a citizen complaint. The initial inspection date was October 18, 2016. Initial written notice was October 18, 2016. Ten days were given to comply. Date notice posted on property and at City Hall was July 7, 2017. City recommended 21 days for compliance, or $100 a day. Officer Hart had spoken with owner on several occasions about the violations pertaining to materials stored on property, as well as trash and debris. A permit has been obtained to install the fence, Officer Hart had pictures. Ms. Ellis reviewed the case held over from the previous month, primarily whether the wood was acceptable fencing material. Mike Rumpf, Planning & Zoning Director for the City, explained the City’s criteria for fencing permits, particularly for atypical wood fences, which could then pass or fail the inspection once built. The owner will have six months to call for inspection on the fence, which could then be extended. Officer Hart stated other materials (wheelbarrow, propane tanks) are also being stored on the property, besides the fencing materials. Bob Brown, owner, has possession of a building permit as well as the Planning & Zoning permit, but this permit was dated March 9, 2017, for six months. Mr. Brown explained the circumstances with the wheelbarrow and what is a converted air tank, not propane. Ms. Ellis clarified the time frames for the fencing permit as well as the violation. Mr. Brown asked for an itemized list of every problem written down before leaving. Decision Based on testimony, Ms. Ellis stated in one week the list would be written out and signed as requested. Case No. 17-845 James M Landwerlen nd Property Address: 221 SE 2 Ave Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 Type of Property: Single Family, Non-homestead Violation(s): SECT 4-32 Leash Law SECT 4-36 County Registration SECT 4-37 Rabies Vaccination Officer Roehrich presented the case, which is a citizen complaint. Initial inspection February 2, 2016. It is not a repeat violator. Initial written notice was May 30, 2017. Green card signed June 13, 2017. Request for a Cease & Desist Order due to ongoing problems. Two dogs confined in feces and urine inside an enclosed carport. Tenant issued citation and given 10 days to obtain shots and tags on the dogs, and did not comply. On December 5, 2016, another citizen complaint for two loose dogs. One of the dogs did have shots and tags. Warning issued re: lease law. Other dog was limping, a warning issued for a vet exam, and to obtains shots and tags for that dog. Info given for free sterilization programs, which include free rabies shot and free license tag, which tenant declined because of desire to breed the dog. Upon another citizen complaint, complainants were recommended to complete nuisance affidavits, which were received January 20, 2017, regarding the leash law. Tenant now has only one dog, but has not yet gotten the vaccinations and tags, so a citation was issued specific to that dog. Property owner was contacted by phone; owner said he would address it, but has not. June 27, 2017, call received from one of the affiants that the dog had chased one of the residents the prior evening while walking his own dog. A formal complaint was filed. Citation for leash law was issued three days later based on that evidence. Dog has not had vaccinations, no tags, tenant still intends to breed the dog, and will comply when she “feels like it.” City recommends a Cease & Desist Order in the amount of $500 a day per occurrence. Tenant was not present at hearing. Decision Based on testimony, Ms. Ellis issued the Cease & Desist Order effective immediately at $500 a day per occurrence. Case No. 17-436 Maulerge Alfred & Belide Alfred Louis rd Property Address: 2632 NE 3 Ct Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH10 SECT 10-52 Remove refrigerator, outside storage. Remove carpets from driveway. Sod all bare areas on front yard. Officer Weixler presented the case, which is a citizen complaint. The initial inspection date was March 20, 2017. It is not a repeat violator. Initial written notice was March 21, 2017. Ten days given to comply. Property posted on July 7, 2017. Sod and inoperable vehicle with expired plates not in compliance, everything else was complied. Property last inspected July 18, 2017. City recommended 30 days from printed order for Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 compliance, or $50 a day. Ms. Ellis asked for specifics of the violation. Officer Weixler had pictures. Belide Alfred Louis, owner, testified with a translator. Ms. Ellis asked if the owner understands the violations. The owner does understand and offers no testimony. Ms. Ellis explained the remaining violations for compliance. Officer Weixler explained the conditions for an operational vehicle, which includes registration, decal, and insurance. Translator states the vehicle is no longer there, and Officer Weixler will do an inspection within the 30 days. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $50 a day. Case No. 17-502 Eliahu Mizrahi Property Address: 8291 Bermuda Sound Way Type of Property: Single-family, homesteaded Violation(s): CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Scott 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 March 30, 2017. Ten days given to comply. Date notice mailed May 12, 2017. A BTR has not been applied for as of July 18, 2017. Property last inspected July 18, 2017. Officer Scott had photographs. City recommended 14 days from printed order for compliance, or $50 a day. Ms. Ellis recalled the case from the previous hearing, that the respondent claimed he was not operating a business from his residence. Officer Scott stated City’s business tax specialist, Ms. Brown, was present to testify. Officer Scott also stated that Mr. Mizrahi is delinquent on past fees to bring his business tax current, even if the business is not being operated from the property. Selica Brown, Business Development Specialist, Development Services Department, was sworn in. Ms. Brown gave permitting and business tax history for Guaranteed Plumbing since 2008, relating recent meetings with Mr. Mizrahi, culminating in switching the SunBiz to Port St. Lucie as of April 2017, which was verified by Ms. Brown, and business taxes have been paid there. Ms. Brown printed the Sunbiz annual statements for past five years, showing Mr. Mizrahi was registered in Boynton Beach, and taxes are still owed for the time business was done in this jurisdiction. Ms. Ellis asked for the years the taxes were not paid; Ms. Brown said 2012, 2013, 2014, Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 2015, 2016, and 2017. Ms. Brown stated Mr. Mizrahi had been counseled on the repayment of outstanding taxes, but the owner has refused to pay for what he claims is the City’s errors. Amount owed is $270 plus 25% penalties for each year. Ms. Brown also explained to Mr. Mizrahi the City could also assess $250 for the state statute for each year of delinquency, which has not been assessed. Taxes and penalties due total $1994.65. Eliahu Mizrahi, owner, stated he was not avoiding paying taxes by moving his business to Port St. Lucie. Also, that he had been doing business in Boynton Beach for 23 years, not just 2008. Mr. Mizrahi claimed that the City gave him his business licenses, telling him he was “okay” for the years in question, up until 2017 when he was denied a permit due to back taxes unpaid. Mr. Mizrahi and City officials had a discussion as to exactly what terms were being used (permits/licenses/taxes), and Ms. Ellis explained that the taxes are due no matter the reasons. Mr. Mizrahi protested what he claimed to be unfair treatment, stating he was being singled out. Ms. Ellis expressed understanding for Mr. Mizrahi’s situation, while explaining the basis for her decision, which was to pay the fees. Decision Based on testimony, Ms. Ellis ordered 21 days compliance as stated on the Board Order, or $50 a day. Case No. 17-408 2016 3 IH2 Borrower LP Property Address: 729 Ocean Inlet Drive Type of Property: Single-family, non-homesteaded 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 Weixler presented the case. The initial inspection date was March 4, 2017. Not a repeat violator. Initial written notice was March 14, 2017. Ten days given to comply. Date notice sent Certified Mail was May 30, 2017. Green card signed June 30, 2017. Certificate of use was applied for, but because the name was changed, a new application for another COU/BTR must be made. City recommended 10 days from printed order for compliance, or $50 a day. Linda Vega, representing Invitation Homes, was present. Ms. Ellis had a signed authorization of agent form allowing Ms. Vega to speak. Ms. Vega has picked up the paperwork for the entity name change, but noticed the entity was not registered with Sunbiz, which could take 7-10 days before the new application can be made. Ms. Vega asked for an extension. Ms. Ellis asked about the number of name changes on the property, which Ms. Vega stated was due to transfer of funding, which must match Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 name changes. Officer Pierre asked for clarification of Invitation Homes’ procedures, and Ms. Vega will be the representative to help expedite future transactions. Decision Based on testimony, Ms. Ellis ordered 14 days compliance as stated on the Board Order, or $50 a day. Case No. 17-510 Eran Salzmann nd Property Address: 2743 NW 2 St Type of Property: Single-family, non-homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH10 SECT 10-56A CO CH10 SECT 10-56H CO CH10 SECT 10-58D CO CH10 SECT 10-60B 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Licensed plumber needed to repair leak in kitchen. Water heater permit required. Outside storage, trash, debris, sod. Repair soffit screens. Unpermitted wood structure in back yard. Clear means of egress, windows blocked. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was March 30, 2017. Not a repeat violator. Initial written notice was March 30, 2017. Ten days given to comply. Property was posted June 23, 2017. Stop Work Order from Building Department posted May 11, 2017, red tag issued same date. No permits have been pulled to date. Wood structure has been removed, soffit screens repaired, and blocked means of egress removed. Sod and fence in front still need to be repaired. Inside inspection needs to be scheduled for COU/BTR. City recommended 30 days from printed order for compliance, or $150 a day. Officer Weixler had photographs, as well as copy of Stop Order and red tag for Ms. Ellis. Oscar Villaverde, representing owner, was present. Ms. Ellis had a signed authorization of agent form for Mr. Villaverde to speak. Mr. Villaverde stated some of the issues had been solved, a permit is being pulled by an electrician, also an A/C technician. Ms. Ellis stated that within 30 days everything must be resolved. Pest control had been on site on four occasions. A licensed plumber was used, paid for work done, but cannot be contacted for follow-up plumbing issues. Ms. Ellis suggested working with Officer Weixler to resolve. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $150 a day. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 Lien Reduction Hearings Case No. 14-904 Rosyvanne Delva rd Property Address: 449 SW 3 Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was April 17, 2014. Code compliance hearing date was June 18, 2014, and no one appeared. The Code compliance date was July 13, 2016, or $50 a day. There are 740 days of non- compliance at $50 a day for a total fine of $37,000.00. Wilfrid Nazair, representing owner, was present. Ms. Ellis had a signed authorization of agent form for Mr. Nazair to speak. Officer Pierre recapped the case from last month, explaining that Mr. Nazair was the previous owner of the property, and sold the property to the new owner with the lien, therefore, Mr. Nazair has to remove the lien; however, the new owner lives at the property now. Decision Based on testimony, Ms. Ellis reduced the lien to $2,500 plus $730.15 administrative fees. Case No. 14-1993 Wells Fargo Bank N.A. th Property Address: 415 NW 4 Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was August 21, 2014. Code compliance hearing date was October 15, 2014, and no one appeared. The Code compliance date was October 30, 2014, or $150 a day. Date complied March 28, 2017. There are 879 days of non-compliance at $150 a day for a total fine of $132,484.12. Norman Snyder, real estate agent assigned by Wells Fargo, was present, stating the property is for sale and is under contract. Mr. Snyder stated the A/C had been stolen from the property. Property was foreclosed December 2013, Mr. Snyder was assigned the property October 2016, and the A/C was gone. Lien search was pulled, submitted repair requests in the amount of $12,275, including replacement of A/C which was installed November 11, 2016. On November 16, the A/C was stolen again. Mr. Snyder had date stamped pictures of before and after. The bank was reluctant to install another A/C at the cost of $5,500, and wanted the buyer to pull the permit to install the A/C, which was a Catch 22 as they did not own the property yet. The A/C will be Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 replaced on the date of closing to help prevent yet another theft of the entire unit, including foundation. Total bank indebtedness on the property is over $212,000, and sale is for $110,500. Decision Based on testimony, Ms. Ellis reduced the lien to $13,000 plus $730.15 administrative fees. Case No. 15-278 Aurora Loan Services LLC Property Address: 1508 Meadows Circle West Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was January 30, 2015. Code compliance hearing date was March 18, 2015, and no one appeared. The Code compliance date was March 28, 2015, or $100 a day. Date complied April 28, 2016. There are 396 days of non-compliance at $100 a day for a total fine of $40,234.12. Sean Arno, listing brokerage assigned by Freddie Mac, was present, stating the property was for sale but has been pulled temporarily until liens are settled. Listing price will be $80,000. Aurora failed to register the property with the Vacant Property Registration, Freddie Mac took possession in March 2016, when the agent did register the property and brought it into compliance. Registrations are current and property is in compliance. Decision Based on testimony, Ms. Ellis reduced the lien to $4,000 plus $730.15 administrative fees. Fine Certification Hearings Case No. 16-1571 Crossings of Boynton Beach Condo Assn Inc Property Address: 20 Crossings Circle A Type of Property: PUD Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $25 day. Decision Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $25 a day. Case No. 17-147 Mark & Ritha Fervil th Property Address: 128 SE 27 Place Type of Property: R1AA 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 $150 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $150 a day. Case No. 17-423 Gabrielle D Dick th Property Address: 2321 NE 4 Ct 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 $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-496 Perry & Martha Price Property Address: 317 Gateway Blvd Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. There is already a lien on the property, attempting to motivate the owner to comply. City recommended the case be tabled to August 16, 2017. Decision Ms. Ellis ordered the case be tabled to August 16, 2017. Case No. 17-588 Craig Teller th Property Address: 433 NE 20 Ave Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 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 $25 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $25 a day. Case No. 17-524 Joanne M Kovach th Property Address: 2855 SW 9 St Type of Property: R1AA Single Family Violation(s): For Code Sections as stated Officer Guillaume 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. 16-1400 Bowden Inc. Property Address: 206 S Federal Hwy Type of Property: CBD Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended case be tabled for 60 days. Decision Ms. Ellis ordered the case be tabled to September 20, 2016. Case No. 17-258 Peter Powell nd Property Address: 2087 NW 2 St Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 60-day compliance after the printed order, or $50 day. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 Decision As no one appeared, Ms. Ellis ordered 60-day compliance as stated on the Board Order, or $50 a day. Case No. 17-413 EG Real Estate Investments LLC th Property Address: 115 NE 16 Ave Type of Property: R1A 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 $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-733 Lawrence Durane st Property Address: 2219 NE 1 Lane Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended the case be tabled to August 16, 2017. Decision Ms. Ellis ordered the case be tabled to August 16, 2017. Case No. 17-741 Grover Morris Jr & Patricia Morris th Property Address: 100 NE 18 Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 21-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 21-day compliance as stated on the Board Order, or $50 a day. Case No. 17-822 Israel CJ Properties LLC Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 th Property Address: 540 NW 13 Ave Type of Property: R2 Duplex 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. Fine Certifications Officer Hart stated the following cases complied, no fine: Item Case No. Respondent 35 16-1779 Anthony & Portia Findley 40 17-223 White Rose Homes LLC Officer Hart asked to table the following cases to August 16, 2017: Item Case No. Respondent 36 16-635 Wahoo LLC 37 16-1176 Wahoo LLC 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”: Page Case No. Fine Amount 38 16-1789 $ 39 17-144 $ 43 16-1633 $ Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2017 IV. ADJOURNMENT Ms. Ellis concluded the hearing at 10:45 a.m. \[M. Moore, Prototype Inc.\] Page 13