Loading...
Minutes 03-15-17MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY,1, 2017, AT. A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Vestiguerne Pierre, Community Standards Supervisor I. CALL TO ORDER Carol Ellis, Special Magistrate, called the Hearings to order at 9:06 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 20, Case No Page 23, Case No Page 24, Case No Page 25, Case No Page 27, Case No 16-1834 — complied 17-178 — complied 16-1677 — removed 16-1826 — removed 16-1602 -- removed Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Cases to be Heard — New Case No. 16-1789 Property Address: Type of Property: Violation(s): GR Ventures II LLC 434 NE 20th Ave. Single-family, non -homesteaded CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 CO CH15 SECT 15-120D INCL Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 1, 2017 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Apply for and pass inspection to obtain a certificate of use and occupancy. Sod front yard to reestablish grass. Permit #164281 for water heater and electrical work, needs final approved inspection. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was December 13, 2016. It is not a repeat violator. Initial written notice was December 13, 2016. Ten days given to comply. Notice was sent by Certified Mail on February 17, 2017. Green card was signed February 24, 2017. City recommended 10 days from printed order for compliance, or $250 a day. Ms. Ellis ascertained that application for tax receipt was submitted, but failed inspection. Open items are the swale and life safety issue with electrical problems and history of two house fires. (See Case 16-1810.) Officer Weixler gave Ms. Ellis pictures of the swale taken on March 14, 2017. Gil Ovandia, owner, stated the property has been rented for 11 months and was obtained a couple of months before that. Giobai Assets is the property manager. Officer Weixler affirmed that the tax receipt application was made August 25, 2016. Owner stated an electrician has spent 10-12 hours on several occasions trying to ascertain the cause of the trouble in December, but no results as to what is wrong. FPL was contacted just before Christmas and in 4-5 hours they fixed everything. The problem was the external cable to the house, but thought FPL would report it. Officer Weixler stated that he had done a certificate of use inspection on October 14, 2016, and found a new water heater and electric wiring in the back yard shed that was installed without a permit, outside entrance door did not have a tight seal, window screens missing or torn, no bedroom smoke detectors, broken window in shed, house numbers missing, and he cited them for the sod and for work done without a permit. No grass has been put into swale or front yard. Mr. Ovandia said the tenant has many cars coming and going over the sod, but plans to not renew the tenant's lease next month, and asks for extension until after tenant is out. Ms. Ellis stated 10 days was sufficient as the violations have gone on long enough. Decision Ms. Ellis ordered a 10 -day extension date as stated on the Board Order, or $250 a day.. Case No. 16-1810 GR Ventures II LLC Property Address: 434 NE 20th Ave. Type of Property: Single-family, non -homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Licensed electrician needs to fix all electrical deficiencies to bring all electrical up to code in the entire home. Life safety issue. Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida `Larch 15, 2017 Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was December 20, 2016. It is not a repeat violator. Initial written notice was December 20, 2016. Five days given to comply. Notice was sent by Certified Mail on February 17, 2017. Green card was signed February 24, 2017. City recommended 10 days from printed order for compliance, or $500 a day. Tenant reported that there were two kitchen fires due to the faulty electric. Fire Department was not called; tenant put fires out. Officer Weixler had pictures of evidence of the two fires. Life safety issue exists as tenants have small children. Also, outlet for refrigerator was not working, so food was in cooler with ice for unknown period. Officer Weixler noted that owner had asked this case to be tabled, but was refused due to life safety issue of children, and no knowledge of completed work by FPL has been given. (See Case 16-1789.) Josh Romangon and Anthony Pica, City Electrical Inspectors, testified there were problems with the interior panel, but just learned immediately prior to this testimony that there was an FPL issue with one of their lines which caused the ground to be loose, causing the unsafe panel. Inspection now shows the problem resolved. The inspectors explained the probable technical causes for the fires. Ms. Ellis asked if the language stipulated in the violation has been met, and Mr. Pica said that it had, but had left the violation open because he had been unaware of the FPL issues involved. Officer Weixler would like to see the permit pulled and get a final inspection from these inspectors that there is no fire hazard, and he would like to give 30 days' extension at $250 a day. Gil Ovandia, owner, stated that he thought the issue was resolved back in December when FPL made the repairs, and it was not his intention to ignore the situation. The testimony just given supported this. Mr. Ovandia was upset that Officer Weixler would not accept the March 8th inspection. Mr. Pica explained the reasoning, and that all that remained to be done was to cancel the permit just applied for and receive documentation from FPL that the work was done, and the case could be closed. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $250 a day. Case No. 15-214 DJV Development LLC Property Address: 124 NE 13th Ave Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was January 27, 2015. Code compliance hearing date was March 18, 2015, and Albert Williams appeared. The Code compliance date was March 25, 2015, or $250 a day. Compliance date was September 11, 2015. There are 169 days of non-compliance at $250 a day for a total fine of $42,884.12. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 1, 2017 David Thause, partner/owner, appeared. Ms. Ellis read violations as: rodent infestation, exterminate and repair plumbing under kitchen sink, replace interior doors, and that the compliance date from the initial hearing was not met. Mr. Thause testified that his story also applies to the other two cases (15-316, 15-480). The properties were purchased early 2015, all were uninhabitable, but people were living there. An attempt was made to repair the properties so people could continue living there while other work was done. He presented before and after photos to Ms. Ellis. Amount spent on repairs for all 60 units as originally purchased was $700,677. The property was purchased from a foreclosure auction, and partners were unable to view inside before purchase. Ms. Ellis ascertained that Albert Williams was the manager of the properties held over from the prior owner. Mr. Thause stated they took care of the rodent infestation right away, but they prioritized the remaining repairs among the 60 other units, for the benefit of all tenants. Ms. Ellis read into the record a letter that was included in the binder of evidence from the LLC. Purchase price for the 60 units was $1,960,000. There are also some commercial sites as part of the complex, which includes a police substation. Officer Pierre added that this case was generated from a complaint by the tenant, who also mentioned that the property was closed for a while. Mr. Thause stated that only some of the units were closed. Decision Based on testimony, Ms. Ellis reduced the lien to $4,200 plus $730.15 administrative fees. Case No. 15-316 DJV Development LLC Property Address: 336 NE 10th Ave Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was February 6, 2015. The Code compliance date was February 28, 2015, or $250 a day. Compliance date was June 8, 2015. There are 71 days of non-compliance at $250 a day for a total fine of $18,384.12. (Related Cases 15-214 and 15-480) David Thause, partner/owner, offered testimony from current tenants who were there before the current owners bought the properties, and an employee of DJV for the past two years. Decision Based on testimony, Ms. Ellis reduced the lien to $2,000 plus $730.15 administrative fees. Case No. 15-480 Property Address Type of Property: Violation(s): DJV Development LLC 136 NE 10th Ave Multiple Family For Code Sections as stated Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton each, Florida March 1, 2017 Officer Pierre presented the case. David Thause, partner/owner, appeared. Testimony from two other cases applied to this case as well. Total fine is $31,834.12. (Related Cases 15-214 and 15-316) Decision Based on testimony, Ms. Ellis reduced the lien to $2,500 plus $730.15 administrative fees. Case No. 15-1394 Queen E McClendon Property Address: 119 NE 12th Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was June 12, 2015. Code compliance hearing date was August 8, 2015, and no one appeared. The Code compliance date was August 29, 2015, or $100 a day. Compliance date was March 3, 2017. There are 558 days of non-compliance at $100 a day for a total fine of $56,434.12. Y. Diane Lester, granddaughter of owner, requested a lien reduction on behalf of her 100 -year old grandmother. The family only learned of the fine on the property in early February and immediately scheduled a meeting to take care of the violation. Family all chipped in to get the property under compliance. Ms. Lester gave photos to Ms. Ellis. Decision Based on testimony; Ms. Ellis vacated all fines and fees. Case No. 12-210 Stephen Geiger Property Address: 608 NE 2nd Street Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was February 7, 2012. Code compliance hearing date was February 21, 2012, and no one appeared. The Code compliance date was April 5, 2012, or $250 a day. Compliance date was March 13, 2017. There are 1,802 days of non-compliance at $250 a day for a total fine of $451,230.15. (Related Case 16-294.) Stephen Geiger, owner, stated he was the owner of the property at the time of the first lien, but that he didn't know about the issue until the time of the second violation on the other property. When he moved to Broward County, he failed to inform Palm Beach Tax Office of change of address. Tenants do not speak English and did not understand what the notice was. Also, the Code Officer from 2012 died, and somehow the case was lost. When he was collecting rent on the other address (duplex) he noticed the posting, and Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 immediately went to see the problem. The 2012 lien only surfaced when he attempted to sell the property. The value of the property in current condition may be $100,000. Officer Pierre added that there has not been a business tax receipt for the rental property since 2014, and the property has been rented out. Mr. Geiger stated the purchase of the property has been through a private loan, but his intention is to sell the property, even though it will be at a loss. Repairs have been $4,200. Total income on both duplex units was $1,325.00 a month. Decision Based on testimony, Ms. Ellis reduced the lien to $7,500 plus $730.15 administrative fees. Case No. 16-294 Stephen Geiger & Timothy Farley Property Address: 608 NE 2nd Street Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was February 3, 2016. Code compliance hearing date was May 18, 2016, and no one appeared. The Code compliance date was May 28, 2016, or $100 a day. Compliance date was March 13, 2017. There are 288 days of non-compliance at $100 a day for a total fine of $29,434.12. (Related Case 12-210.) Stephen Geiger, owner, stated he did not have the funds to make the repairs in order to pass the inspection. He borrowed money to make the repairs. Decision Based on testimony, Ms. Ellis reduced the lien to $1,500 plus $730.15 administrative fees. Case No. 15-1834 Wells Fargo Bank Property Address: 219 SW 9th Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was August 10, 2015. Code compliance hearing date was October 21, 2015, and Scott Molden [phonetic] appeared. The Code compliance date was November 20, 2015, or $100 a day. Compliance date was March 13, 2017. There are 478 days of non-compliance at $100 a day for a total fine of $48,434.12. Norman Snyder, real estate agent representing owner, stated he was assigned to the property by Premier Asset (subsidiary of Wells Fargo) on January 13, 2017, to secure, maintain, and get ready for marketing. Previous asset management company had done Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 the repairs, but failed to follow through for inspections for compliance. Mr. Snyder scheduled inspection, issues were worked out, and the property is in compliance. Market value is $186,600, and is currently under contract. Officer Pierre had pictures of the property for Ms. Ellis to view. Decision Based on testimony, Ms. Ellis reduced the lien to $3,500 plus $730.15 administrative fees. Case No. 15-2516 Mountain West IRA Inc FBO Property Address: 111 SE 35th Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was not given. Code compliance hearing date was December 16, 2015. The Code compliance date was December 31, 2015, or $100 a day. Compliance date was February 7, 2017. There are 403 days of non-compliance at $100 a day for a total fine of $41,030.12. Mike Retino, representing owner, appeared. Ms. Ellis asked if this was owned by Henry DeCramer [phonetic] IRA, and Mr. Retino agreed that he owned the IRA. The property has been vacant since April 2016 or before. The property has been going through Code Compliance for some time, and Mr. Retino had a letter from Mr. DeCramer explaining the series of events and people involved, which Ms. Ellis read into the record. Over $58,000 was spent in remediation with market value estimated at $250,000. A spread sheet was given to Ms. Ellis. Decision Based on testimony, Ms. Ellis reduced the lien to $2,500 plus $730.15 administrative fees. Case No. 16-550 13 Prop LLC Property Address: 500 NW 8th Court Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was March 9, 2016. Code compliance hearing date was May 18, 2016, and no one appeared. The Code compliance date was June 17, 2016, or $100 a day. Compliance date was February 3, 2017. There are 230 days of non-compliance at $100 a day for a total fine of $23,634.12. Newman Mathi, authorized agent of LLC, stated the violation occurred while doing a BTR inspection of the property, and related a series of revisions and inspections with long Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida. March 15, 2017 intervals in between. Previous agent mistakenly did not appear as she thought the process was taken care of. Decision Based on testimony, Ms. Ellis reduced the lien to $2,300 plus $730.15 administrative fees. Case No. 16-563 Mehdi Najmabadi Property Address: 913 Meadows Circle Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was March 9, 2016. Code compliance hearing date was April 20, 2016, and no one appeared. The Code compliance date was April 30, 2016, or $100 a day. Compliance date was March 13, 2017. There are 361 days of non-compliance at $100 a day for a total fine of $32,234.12. Mehdi Najmabadi, partneriowner, stated the property was acquired five or six years ago as a rental property. Tenants were evicted August 1, 2016, and the property was vacant during repairs. It has been sold for $79,000, and closing is the end of the month. The owner stated that there had always been a business tax receipt except for the last year since the violations. Besides repairs, there was loss of rental income plus HOA fees. All taxes are current. Decision Based on testimony, Ms. Ellis reduced the lien to $2,000 plus $730.15 administrative fees. Case No. 16-1095 Karl Washington Property Address: 1017 N Railroad Ave Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Hart presented the case. The property has met compliance, the City recommends no fine. Decision Based on testimony, Ms. Ellis stipulated no fine. Case No. 16-1779 Anthony Findley and Portia Findley Property Address: 151 Citrus Park Circle Violation(s): For Code Sections as stated Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 Officer Cain presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-47 IH5 Property Florida LP Property Address: 1386 Auburn Court Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-52 IH5 Property Florida LP Property Address: 1872 Via Granada Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended 15 days from the printed order to comply, or $100 a day. Decision Ms. Ellis ordered a 15 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-53 IH5 Property Florida LP Property Address: 1334 Piazza Pitti Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended 15 days from the printed order to comply, or $100 a day. Decision Ms. Ellis ordered a 15 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-54 I116 Property Florida LP Property Address: 39 Baytree Circle Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended 15 days from the printed order to comply, or $100 a day. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 Decision Ms. Ellis ordered a 15 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-56 I116 Property Florida LP Property Address: 5212 SW 4th Street Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended 15 days from the printed order to comply, or $100 a day. Decision Ms. Ellis ordered a 15 -day extension date as stated on the Board Order, or $100 a day. Case No. 16-1336 Amanda L Vicente Property Address: 3150 N Seacrest Blvd. Officer Weixler presented the case. City recommended tabling to May 17, 2017. Decision Ms. Ellis ordered the case be tabled to May 17, 2017. Case No. 16-1345 Raymond R Carrier & Dennis J Carrier Property Address: 351 NE 26th Ave Officer Weixler presented the case. City recommended tabling to April 19, 2017. Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 16-1440 R Harrison Jr & Paul Maynard Property Address: 626 Potter Road Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended 30 days from the printed order to comply, or $150 a day.. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $150 a day.. Page 10 r , r Code Boynton Florida March 15, 2017 Case No. 16-1557 Angela & Carlo Sansiviero Property Address: 2515 NE 2nd Court Officer Weixler presented the case. City recommended tabling to May 17, 2017. Decision Ms. Ellis ordered the case be tabled to May 17, 2017. Case No. 16-1612 JMJ Reemergy LLC Property Address: 825 Ocean Inlet Drive Officer Weixler presented the case. City recommended tabling to May 17, 2017. Decision Ms. Ellis ordered the case be tabled to May 17, 2017. Case No. 16-1647 Leona Lewis Estate Property Address: 2645 NE 4th Court Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended 30 days from the printed order to comply, or $100 a day. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $100 a day. Case No. 16-1651 Jerron Kelley Property Address: 3235 Orange St Officer Weixler presented the case. City recommended tabling to May 17, 2017. Decision Ms. Ellis ordered the case be tabled to May 17, 2017. Case No. 16-1652 Louis M & Sainvil Ismene Property Address: 2881 NE 5th Court Officer Weixler presented the case. City recommended tabling to April 19, 2017. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 16-1654 Amanda L Vicente Property Address: 3150 N Seacrest Blvd Officer Weixler presented the case. City recommended tabling to April 19, 2017. Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 16-1708 AIG Enterprise Corporation Property Address: 3180 Orange St Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended 30 days from the printed order to comply, or $150 a day. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $150 a day. Case No. 16-1832 Tanya Enterprises LLC Property Address: 4 Crossings Circle Officer Weixler presented the case. City recommended tabling to April 19, 2017. Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 16-1894 Ivor & Marcia Thomas Trust Property Address: 330 NE 28th Ave Officer Weixler presented the case. City recommended tabling to April 19, 2017. Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 17-31 Boynton Village Associates LT Property Address: 1936 NE 6th St Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida March 15, 2017 Officer Weixler presented the case. City recommended tabling to April 19, 2017. Decision Ms. Ellis ordered the case be tabled to April 19, 2017. Case No. 17-37 2015 3 IH2 Borrowers LP Property Address: 710 SW 231d Terrace Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended 30 days from printed order for compliance, or $200 a day. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $200 a day.. Officer Hart stated that the following cases have complied, no fine: Case No. Respondent 16-1247 ORRC Encumbrance Corp 16-1412 Josephine Daffin Officer Hart stated that the following fine certifications will be tabled to April 19, 2017: Page Case No. Respondent 29 16-1001 Jean W Paul 31 16-1476 Nachman Enterprises LLC 34 16-1506 IH4 Property Florida LP 35 16-1533 IH4 Property Florida LP 36 16-1535 IH4 Property Florida LP 44 16-1127 S1 Capital Partners LLC 45 16-1240 John Held LLC 46 16-1242 John Held LLC Officer Hart stated that the following fine certifications will be tabled to May 17, 2017: Page Case No. Respondent 37 16-913 Katherine C Bradley & J Waters 38 16-999 125 SE 12th Ave Prodigy Land Trust 39 16-1013 Wells Fargo Bank NA Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton each, Florida March 1, 2017 Officer Hart stated that the following fine certifications will be tabled to June 21, 2017: Page Case No. Respondent 43 15-321 Community Deliverance Church 47 16-1454 Ronald & Joanne Brito 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 1 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. 28 16-1175 32 16-1516 33 16-1668 41 16-1194 Decision Fine Amount $ Ms. Ellis ordered that all the aforementioned cases have been certified. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 11:20 a.m. [M. Moore, Prototype Inc.] Page 14