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Minutes 04-19-17MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, APRIL 19, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Mark Woods, Community Standards Director I. CALL TO ORDER Ms. Ellis announced that the day's proceedings would recess after an hour and resume at 1:00 p.m. Carol Ellis, Special Magistrate, called the Hearings to order at 9:03 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. 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. 16-79 — removed to June hearing Page 2, Case No. 17-8 — removed to May hearing Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Cases to be Heard — New Case No. 17-144 1531 NW 2"d St. Land Trust Property Address: 1531 NW 2"d St. Type of Property: Single-family, non -homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH10 SECT 10-52 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 1, 2017 CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Remove all inoperable vehicles, outside storage, trash, and debris. Sod the lawn. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was January 24, 2017. It is not a repeat violator. Initial written notice was January 24, 2017. Ten days given to comply. Sod, outside storage, trash, and debris has been complied, but mechanical work is being done at this residence and the inoperable vehicles are still in existence. City recommended 30 days from printed order for compliance, or $100 a day. Ms. Ellis ascertained that the 2016 application for BTR was submitted, but failed inspection, and must reapply for 2017. Leonel Harari, project manager, understands the conditions for compliance within 30 days of the printed order. Mr. Harari asked what to do if a tow truck is sent and the tenant refuses to comply; Ms. Ellis stated an attorney should be contacted for legal advice. Officer Weixler reminded Mr. Harari that another inspection must be passed within the 30 -day time frame before the case can be closed. Decision Ms. Ellis ordered a 30 -day extension date as stated on the Board Order, or $100 a day. Case No. 17-151 Annette Harrell Property Address: 391 NE 28th Court Type of Property: Single-family, non -homesteaded Violation(s): Confidential record per FS 119.07 CO CH15 SECT 15-120D INCL CO CH15 SECT 15-1208 2(a) CO CH10 SECT 10-56 Remove basketball hoop from swale area, sod the lawn and swale, repair the damaged roof. Officer Weixler presented the case, which is a citizen complaint. The initial inspection date was January 25, 2017. It is not a repeat violator. Initial written notice was January 25, 2017. Ten days given to comply. Notice was posted on property on April 4, 2017. Property last inspected April 18, 2017. Sod on lawn was well done, but failed to do it on the swale. City recommended 15 days from printed order for compliance, or $100 a day. Ms. Ellis asked about the roof repair. Officer Weixler said some kind of white covering/membrane has been put on the roof, and building official said it might be an approved method, but no permit was applied for and it was preferred that the owner do Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 1, 2017 the entire roof. However, for this case, the roof is complied. Officer Weixler had pictures for Ms. Ellis to review. Jimmy Sinkfield, son of owner, appeared, and understands what remains to be done on the property. However, Mr. Sinkfield claims that the police sit on the swale area, the school buses sit there, and the grass keeps getting burned up. The swale had been seeded, just like the rest of the yard, but it would not take. Officer Weixler recommended turtle stones be put down to prevent anybody from sitting there and to protect the sod. The City did not object to more time being given. Decision Ms. Ellis ordered a 45 -day extension date as stated on the Board Order, or $100 a day. Officer Guillaume asked to table the following cases to May 17, 2017: Page Case No. Respondent 25 16-1506 I H4 26 16-1533 I H4 27 16-1535 IH4 Officer Pierre asked to table the following cases to June 21, 2017: Page Case No. Respondent 29 16-56 Gertrude Belizaire 30 16-1181 Vernon Thompson Jr. Trust Officer Pierre asked to table the following cases to May 17, 2017: Page Case No. 14 16-1690 15 16-1871 Respondent Erika Marcus Desir Desjardins Officer Weixler asked to table the following cases to May 17, 2017: Page Case No. 3 16-1345 4 16-1460 5 17-31 9 17-224 11 17-310 13 17-370 Respondent Raymond R. & Dennis J. Carrier Hazel Williams Estate Boynton Village Associates LT Joseph Gindhart Eliyahu & Liat M Solomon Dorothye T Reynolds Trust Page 3 Meeting Minutes Code Special Magistrate Hearings FloridaBoynton Beach, ril 19, 2017 Case No. 17-223 White Rose Homes LLC Property Address: 133 NW 10th Ave Type of Property: Violation(s): For Code Sections as stated Officer Weixler presented the case. This is not a repeat violator. 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. 17-233 Nelson A Heath Property Address: 501 NE 25th Ave Type of Property: Violation(s): For Code Sections as stated Officer Weixler presented the case. Possible health and/or hurricane hazard. City recommended a 15 -day compliance after the printed order, or $250 day. Decision As no one appeared, Ms. Ellis ordered 15 -day compliance as stated on the Board Order, or $250 a day. Case No. 17-316 Grady & Leonard Frederick Property Address: 1413 N Seacrest Blvd. Type of Property: Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 15 -day compliance after the printed order, or $150 day. Decision As no one appeared, Ms. Ellis ordered 15 -day compliance as stated on the Board Order, or $150 a day. Officer Cain stated that the following cases have complied, no fine: Case No. Respondent 16-1066 Kevin Ballard Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton each, Florida April 1, 2017 16-1476 Nachman Enterprises LLC 16-1785 Anthony Chidnese Officer Cain stated that the following fine certifications will be tabled to June 21, 2017: Page Case No. Respondent 16 16-1366 Palm Beach Property Couple LLC 28 15-616 310 North Federal Way LLC 35 16-1127 51 Capital Partners LLC Officer Cain stated that the following fine certifications will be tabled to May 17, 2017: Page Case No. Respondent 18 16-537 Rosena Luberisse 19 16-1001 Jean W Paul 22 16-1118 Elisa & Eunice Schoburgh 31 16-1578 Mello Hunter & W & Lewis P 32 16-1596 James M Landwerlen 33 16-1633 136 BBB Property LLC 36 16-1240 John Held LLC 37 16-1242 John Held LLC Officer Cain 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. Fine Amount 17 16-956 $ 20 16-1038 $ 23 16-1409 $ Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 19, 2017 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. Ms. Ellis adjourned at 9:38 a.m. to return at 1:00 p.m. for the lien reduction hearing. Ms. Ellis reconvened the hearing at 1:04 p.m., repeating the introduction from earlier that morning, and swearing in the witnesses. Case No. 13-238 Ari M Hukki Property Address: 26 Valencia Drive Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was February 15, 2013. Code compliance hearing- date was April 17, 2013, and no one appeared. The Code compliance date was April 27, 2013, or $50 a day. Compliance date was June 26, 2014. There are 424 days of non-compliance at $50 a day for a total fine of $21,834.12. Angie Niebel, authorized representative of Fannie Mae, confirmed this is a foreclosed property as of May 16, 2016, stating that compliances have been made since taking ownership, such as sodding, fascia repair, screens, pressure washed everything including the fence. The property is vacant and for sale at $269,900. Officer Pierre gave before and after pictures of the property to Ms. Ellis to review. Approximately $12,000 was spent on interior and exterior rehabilitation, as well as landscaping. Decision Based on testimony, Ms. Ellis reduced the lien to $2,000 plus $730.15 administrative fees. Case No. 15-1256 Eretzor Investments LLC Property Address: 1301 NW 7t" Court Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was May 14, 2015. Code compliance hearing date was November 18, 2015, and no one appeared. The Code compliance date was December 3, 2015, or $100 a day. Compliance date was February 11, 2016. There are 69 days of non-compliance at $100 a day for a total fine of $7,630.15. Michael Platzek, attorney for owner, stated the property was purchased at foreclosure but owner did not understand scope of issues with the property at the time, and it took Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida longer than anticipated to correct. The property is in full compliance, garage is legally permitted, installed new impact windows, new electrical wiring, new AC unit, and new walls. Estimated repairs are $15,000-$20,000. Property was rented out, which caused delays in the repairs, but is believed to be currently vacant. Owner has several other investment properties. Officer Pierre gave pictures of the property to Ms. Ellis for review, stating the original violation was for work done without permits. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 administrative fees. Case No. 16-138 Eretzor Investments X LLC Property Address: 211 NE 19th Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was January 13, 2016. Code compliance hearing date was February 17, 2016, and no one appeared. The Code compliance date was February 27, 2016, or $100 a day. Compliance date was April 14, 2017. There are 421 days of non-compliance at $100 a day for a total fine of $42,734.12. Steven Platzek, attorney for owner, stated the property was purchased in the summer of 2015 at a foreclosure, in various states of disrepair. The property is in full compliance, new sod installed, all debris removed from back yard, wood fence repaired, metal mesh fence repaired, driveway repaired to remove steps to level it with new concrete, smoke - detector installed. There was a delay with roof replacement in 2016. There was exterior painting, new mailbox, new AC unit, and new the in the interior. The house needed to be gutted which set back the timing, along with additional costs. Ms. Ellis asked why no one appeared at the previous hearing, however, the attorney was not representing the owner at the time. Before and after pictures of the property were presented to Ms. Ellis for review. Ms. Ellis read the violations into the record: repair driveway and concrete pavers, sod all areas visible from the City street, front yard and swale area, removed dead plant material and clean the flowerbed, de -weed fence around property, trim trees in backyard. Decision Based on testimony, Ms. Ellis reduced the lien to $3,000 plus $730.15 administrative fees. Case No. 15-2602 Property Address: Type of Property: Violation(s): Anthony Rogers 907 N Federal Hwy Single Family For Code Sections as stated Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida i l 19, 2017 Officer Pierre 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 January 30, 2016, or $500 a day. Compliance date was April 14, 2017. There are 439 days of non-compliance at $500 a day for a total fine of $220,134.12. Michael Chinnici, representative of owner, as well as general contractor working on the property, stated the project stopped at the owner's request, citing an exorbitant amount of money put into permits, plans, and fees on the condition that these items "would go away." There was a lack of communication between the current and previous owner with the City and the property has been vacant for 10 years, and the owner just recently found out about these liens in question. The intention is to completely rebuild rather than repair the violations. The owner is working with CRA to redevelop that whole strip of Federal Highway, stating it took ten months to get the permit. Mr. Chinnici also has, at his own expense, painted the graffiti off the walls and closed up the back wall to prevent entry. Ms. Ellis asked for some proof for the file that the redevelopment is a reality. Officer Pierre confirmed there is a permit approved for site modification. Decision Based on testimony, Ms. Ellis reduced the lien to $1,500 plus $730.15 administrative fees. Case No. 16-702 Federal National Mortgage Assoc. Property Address: 8038 Tangelo Dr. Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was April 5, 2016. Code compliance hearing date was May 18, 2016, and no one appeared. The Code compliance date was June 2, 2016, or $100 a day. Compliance date was March 3, 2017. There are 273 days of non-compliance at $100 a day for a total fine of $27,934.12. Edward McDonough, on behalf of Fannie Mae, and Todd Hamilton, listing agent, appeared. Mr. McDonough stated that the original violation was a failure to get a rental permit; however, there were not tenants in the property and it was never rented. The background of the property is that it has been in a foreclosure litigation since February 2012. Federal National did not have rights to possess the property until January 5, 2017, Ms. Ellis explained that the liens run with the property, even though the current owner was not at fault. Mr. McDonough replied there was not tenant in the property, it was the borrower who was a hostile occupant. A discussion ensued on the proper procedure for hearing the merits of the case, as well as the relationship between a previous case from 2016 and the present one. Mr. Hamilton stated he had been in communication with Officer Pierre regarding a 2016 hearing before the Boynton Beach Board where it was found that the case was pending and Fannie Mae did not need to get a Certificate of Use. Mark Woods, Community Standards Division, stated that for today's matter, the Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida April 1, 2017 respondent has a fiduciary responsibility to either pay, reduce the lien, or otherwise "go about his way." Mr. Woods informed Ms. Ellis of the position to reduce the lien in part, in whole, or not at all, and the City has no problem with reducing the lien. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 administrative fees. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 1:52 p.m. [M. Moore, Prototype Inc.] Page 9