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Minutes 10-18-17MINUTES 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, OCTOBER 18, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Community Standards Special Magistrate Mark Woods, Community Standards Director 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 9:02 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. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. ROLL CALL CHANGES TO THE AGENDA Item Case No. Status 2 17-445 Complied 6 17-807 Removed 8 17-266 Removed 9 17-949 Removed 11 17-1025 Removed 14 17-1305 Removed 15 17-1322 Removed 18 17-1522 Complied 20 17-1547 Complied 21 17-346 Removed 22 17-439 Complied 24 17-1319 Removed 26 17-956 Removed 28 17-965 Complied Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 18, 2017 30 17-989 Complied 31 17-1048 Complied 32 17-1050 Removed 34 17-273 Removed 37 16-1708 Tabled to November 15, 2017 41 17-786 Tabled to November 15, 2017 44 15-321 Tabled to January 28, 2018 Ili. NEW BUSINESS Case Hearings Case No. 17-1253 Lucy Land LLC, Mary Law Registered Agent Property Address: 703 S Federal Hwy Type of Property: Vacant Lot Violation(s): CO CH 10 SECT 10-52 Remove all vehicles from the vacant lot. The vacant lot cannot be utilized for unapproved parking in this zoning district. Officer Weixler presented the case, which was a City Department referral. The initial inspection date was July 10, 2017. Not a repeat violator. Written notice given July 10, 2017. Ten days were given to comply. Notice posted October 6, 2017. City recommended 10 days from printed order for compliance, or $250 a day. This case came before the Magistrate last month for cars being parked by a towing company. Representative made allegation there was a verbal agreement allowing parking on a vacant property, which was a different address (625 S Federal Hwy) for which a Certificate of Use was received. Saleica Brown, Business Development Specialist, testified there is an application dated September 26, 2016, for Camel Towing. Description of proposed business is a dispatch office and storage, office to be manned by one person only, no trucks to be parked there (625 S Federal Hwy). Certificate of Use and Occupancy was never approved. Mike Rumpf, Planning & Zoning Director, confirms Ms. Brown's statement. Important element of the approval was not processed, which would have granted actual approval to conduct the business and use therein in a towing capacity. Further, such use is not allowed in the zoning district, which is clearly stated in Regulations (limited to M1 Zoning District, this property is C3). If there was any intent and the City has approved business offices for certain industrial uses with the understanding that they would not conduct the industrial aspect, that was not done (it could have been on such a property, but was not). Ms. Ellis clarified the position of the representatives of the Building Department, that what is being done on this property is not currently allowed or approved by the City. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 18, 2017 Joseph Russo, manager Camel Towing, related the understanding that what was on the leases and application were approved by the City as the company was invited by PBSO to help with the situation of accident clean-up times, and believed that the 703 S Federal address was an error of omission. The company does not tow out of that address, rather a vehicle is picked up from PBSO and stored on the property. Ms. Ellis said her understanding is that the storing is not even allowed, to which Ms. Brown agreed. Mr. Russo contends this was all approved by Boynton Beach, and there had been no difficulties until another towing company started complaining. Ms. Brown thought the confusion may be that Mr. Russo has the Business Tax Receipt, which is only a receipt that the taxes were paid for the proposed business use. What allows the use for the property is the Certificate of Use and Occupancy, which was never approved. This is the regulatory tool that allows a business to use a specific property for a proposed type of business. Ms. Brown stated the application was rejected and notice was given. The City does not have any documents with the 703 S Federal Hwy address listed, which is where the violation exists. Denial of the COU would have been verbal, and the Department would have contacted the company as to what was needed to abate the issue. Ms. Brown presented Ms. Ellis with the paperwork on this case for her review, which was an application for a Business Certificate of Use by Camel Towing, LLC, signed by President and dated September 21, 2016, and a Tenant/Landlord Verification signed by Managing Member of Lucy Land, LLC, stating that Camel Towing, LLC, has permission to conduct business at 625 S Federal Hwy. Ms. Ellis stressed that the issue of this case is whether or not vehicles may be parked at that location, and per City's testimony, 1) the application was never approved, and 2) in that particular area it would not have been approved in any case. Mr. Russo again contended that everything was fine until another towing company started taking pictures and then the notices of violation began, which is not right, especially when he was invited to come to Boynton Beach. Mr. Woods asked Ms. Brown, for the record, if an application is made for a Business Tax Receipt, it is qualified by its licensing category, i.e., the pricing is set by the category of what is being applied for. Ms. Brown answered, yes and no, depending on the classification, there could be a fixed fee, or it could be variables that change the fee amount. In this case, if an office was applied for it would be one price as opposed to a storage facility, even if it were allowed; however, Ms. Brown was not 100% certain as the classification was to pay $50 for a Certificate of Use and Occupancy, an office is $97.26, and a note states that the general warehouse and storage business is located outside City Limits, which was how the application was processed. Ms. Ellis ascertained that the remaining issue is the five or six vehicles being removed from the vacant lot. Mary Law, owner of property, presented Ms. Ellis with a letter which was read into the record: Dated July 17, 2017, to Mr. Mark Woods, Code Compliance Manager, Re: Notice of Violation, Case No. 17-1253. The letter gave a history of the property and alleged grandfather clause for use for parking and requesting evidence of complaint and voice recording. Ms. Ellis did not address the violation for the fence, as that has been resolved. Ms. Law approached Ms. Ellis with evidence of the grandfather status of the property Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 18, 2017 which was a picture of the property, however, there was no written evidence to present at this hearing. Ms. Ellis reminded the respondents that what is being heard today is not what has happened before, but that what is currently happening is permitted, and whether there is any authorization for it. Mr. Russo asked for additional time to relocate the facility per PBSO standards and guidance to move the vehicles legally. Ms. Ellis recommended Mr. Russo and Ms. Law work with the Code Officer. Decision Based on testimony, Ms. Ellis ordered 14 days compliance as stated on the Board Order, or $50 a day. Case No. 17-1537 RCC IV LLC (tenant cited: Chipotle) Property Address: 1780 N Congress Ave Suite 100 Type of Property: Commercial Violation(s): As noted in Notice of Violation John Moore, Assistant Fire Marshal, presented the case, which is up on routine inspection. This is a health and safety hazard first cited over a year ago, in reference to some major deficiencies on fire alarm panel. There have been ten re -inspections on the property and very negative response dealing with Corporate and any kind of property owners or representatives. City recommended 15 days from printed order for compliance, or $400 a day. No one appeared for the respondent. Chipotle Corporate replied that they had no intention of sending someone from Colorado. Decision Based on testimony, Ms. Ellis ordered 15 days compliance as stated on the Board Order, or $400 a day. Case No. 17-837 BHAM Partners LLC Property Address: 1310 N Federal Hwy Type of Property: Commercial Violation(s): LDR CH4 ARTICLE 3 SECT 11 Repair and paint the fence at rear of property. Officer Cain presented the case, which was a citizen complaint. Initial inspection date May 22, 2017. Not a repeat violator. Initial courtesy notice was June 8, 2017. Thirty days were given to comply. Green card signed September 7, 2017. Date property last inspected October 17, 2017. There is a health and safety hazard. City recommended 30 days from printed order for compliance, or $50 a day. Ms. Ellis ascertained that the Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 property is a car wash and that a permit is needed to repair the fence. No application has been made thus far. Howard Sefton, owner, stated there is construction, water and electric, being done by FP&L and Wilco (subcontractor). FP&L did the damage, except for recent hurricane damage where a tree fell down. FP&L has been contacted, who followed up on October 14, 2017, with a claim number. Original damage was when FP&L was putting a new pole in and dropped it. Discussion followed to determine whose liability it is to fix the fence now. Officer Cain said the health and safety hazard is kids climbing through the area into the neighborhood behind, and possibility of cuts and injuries from the debris of the broken fence. Officer Cain also noted the condition of the fence appears to have been neglected for some time. Ms. Ellis determined that it is the responsibility of the owner to fix the fence on the property, especially in light of the public safety issue. Owner should make application and proceed, and speak with Code Officer re: working with FP&L. Decision Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or $100 a day. Case No. 17-980 Fritz Fortuna Property Address: 141 SW 7th Ave Type of Property: Single-family, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Building permit required for the garage conversion. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was June 12, 2017. Not a repeat violator. Written notice given June 12, 2017. Thirty days were given to comply. Property last inspected October 17, 2017. City recommended 30 days from printed order for compliance, or $50 a day. Ms. Ellis ascertained that no application for the permit has yet been made. Officer Weixler stated the garage has been converted to a living area and someone was living there (unknown if family member or tenant), and that the owner had stated on June 19, 2017, that he would come in right away and get the permit. Fritz Fortuna, owner, understands the nature of the violation and what needs to be done. No one is currently living in the converted area. Request for 90 days extension was denied due to the situation existing since June; City allowed for 45 days. Decision Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or $50 a day. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 18, 2017 Case No. 17-1252 Lee S Berinstein Property Address: 117 SE 4th Ave Type of Property: Single-family, non -homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Building permit required for water heater, fence, and canopy. Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Weixler presented the case, which was a routine inspection for a Certificate of Use. The initial inspection date was July 10, 2017. Not a repeat violator. Written notice given July 10, 2017. Ten days were given to comply. Written notice sent Certified Mail August 30, 2017. Green card received September 18, 2017. Property last inspected October 17, 2017. City recommended 30 days from printed order for compliance, or $150 a day. The reason for the larger fine is that this is possibly a group home. (Officer Weixler intends to start a new case for license for a group home.) Permits have been applied for, but inspection failed due to several open items. Arl Lind, attorney on behalf of owner, presented authorization by owner to appear and stated compliance will be within 30 days. Working with engineer to draw up plans to retain canopy and fix fence. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $150 a day. Case No. 17-784 Dorcin & Leolin Louisny Property Address: 424 SW 9th Ave Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-120D INCL Remove all materials stored outside (ladders, mattresses, chairs, etc.) in carport as well as trash and debris. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was May 12, 2017. Verbal notice given May 12, 2017. Ten days were given to comply. Written notice sent Certified Mail September 18, 2017. Green card received September 28, 2017. Property last inspected October 17, 2017, violations still exist. City recommended 10 days from printed order for compliance, or $50 a day. Officer Hart gave pictures to Ms. Ellis, stating there is quite a lot of material outside, of which owner stated it is stuff to be sent to Haiti; Officer Hart stressed it is still a health and safety hazard. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 Application for an addition to build in the back has been voided, so technically materials being collected on the side of the house must be removed. Owner intends to reapply. Dorcin Louisny, owner, understands the violation and what needs to be done, claims materials were moved and needs more time to send things to Haiti. Officer Hart says the materials were moved from the carport to the backyard under a tarp and can still breed rodents. City is willing to extend the time to 30 days, as it has already been six months since first notice of violation. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $50 a day. Fine Certifications Case No. 17-147 Mark & Ritha Fervil Property Address: 128 SE 27th Place Type of Property: Single-family, homesteaded Violation(s): CO CH10 SECT 10-52 CO CHI SECT 13-7 INCL CO CH13 SECT 13-16 CO CH15 SECT 15-120D INCL Remove all inoperable vehicles, outside storage, trash and debris. Roof repair permit is required. Officer Weixler presented the case. Notice of violation was January 25, 2017. The initial inspection date was July 10, 2017. Magistrate hearing was July 19, 2017, no one appeared. Compliance date given was August 31, 2017, or $150 a day. Property last inspected October 17, 2017, there is still no permit for roof repair. Number of days for non-compliance 45 days with five inspections at $96.03, total $480.15, with administrative fees of $730.15. The cars are still there, tags were undetermined; blue tarp on roof ripped and an eyesore for the community. Discrepancy as to whether owner lives there as claimed or is renting it out. Ritha Fervil, owner, appeared. Ms. Ellis asked why no one had appeared on July 19, 2017. Ms. Fervil said she was under the impression that she could appear at night; she was reminded that the notice specifically gives the time and it has been many years since the hearings have not be held at night. Regarding the roof, Ms. Fervil repeated what Officer Weixler had said, that they are waiting on insurance to pay (on damage done several years previous) and do not have money to fix it on their own. Trash and debris has been removed, per Officer Weixler. Ms. Fervil stated the person living there is her cousin from Haiti, she does not pay rent, only water bill which is in Mr. Fervil's name. Also, that the cousin intends to buy the house in another month. Officer Weixler had a Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 18, 2017 copy of the water bill in the name of Mark Andre Fervil. It was claimed that vehicles are operable and have temporary tags, however, Ms. Ellis required verification for the case file. Officer Weixler can ascertain this if Ms. Fervil gives him access to vehicles no later than October 20, 2017. Mr. Woods asked that a claim number be provided from the insurance company on the roof. Documents were given to Ms. Ellis, a document from Citizens about a right to mediation, with an estimate from a roofing contractor on the third page, stating it will cost $19,000 to fix the roof; however, the estimate was dated December 22, 2015. Ms. Fervil related the difficulties with the insurance company to arrange for inspection. Ms. Ellis requested a statement from the attorney to the Community Standards Office as to status of this claim and mediation and why this is taking so long. Decision Based on testimony, Ms. Ellis will reserve judgment until information is received from attorney by October 25, 2017, fines may be waived and Owner will not have to appear. If materials requested are unsatisfactory, Ms. Ellis will rehear this matter on November 15, 2017, and owner must appear. Case No. 17-120 CF Woolley Property Address: 1486 SW 7th Ave Type of Property: RIAA Single Family Violation(s): For Code Sections as stated Officer Cain presented the case. There is a health and safety hazard. City recommended a 30 -day compliance after the printed order, or $100 day. The hazard is a sea wall that can collapse into the canal. Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $100 a day. Case No. 17-665 Carrie MacArthur Waters Est Property Address: 301 NW 11th Ave Type of Property: R1 a Single Family Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended a 30 -day compliance after the printed order, or $50 day. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $50 a day. Case No. 17-669 Guadalupe Diosdado Property Address: 110 NW 1St St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Cain 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. 17-1474 James M Landwerlen Property Address: 221 SE 2nd Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 10 -day compliance after the printed order, or $75 day. Decision As no one appeared, Ms. Ellis ordered 10 -day compliance as stated on the Board Order, or $75 a day. Case No. 17-1577 Karl Schwab Property Address: 145 SW 10th Ave Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case, and asked that it be removed. Decision Ms. Ellis ordered that the case be removed. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 Case No. 17-563 PAD Properties LLC Property Address: 186 SE 27th Court 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 $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. 17-1642 Vincent Rosmene Property Address: 109 SE 29th Ave 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 $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. 17-962 Marlene & Henry F Nelson Property Address: 20 Miner Road Type of Property: Single family, homesteaded Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 45 -day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 45 -day compliance as stated on the Board Order, or $50 a day. Case No. 17-973 Property Address: Type of Property: Violation(s): Po Ying Sem Trust 3020 N Seacrest Blvd Single family, non -homesteaded For Code Sections as stated Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 Officer Cruz 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. 17-1212 JD & Sandra G Whitten Property Address: 830 NW 4th Ave Type of Property: Single family, homesteaded Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 45 -day compliance after the printed order, or $25 day. Decision As no one appeared, Ms. Ellis ordered 45 -day compliance as stated on the Board Order, or $25 a day. Case No. 17-322 Woodcliff Washington LLC Property Address: 100 NE 10th Ave Type of Property: C3 Community Commercial Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended two orders and a Cease & Desist: 1) 30 -day compliance after the printed order, or $100 day for landscaping issues; 2) 10 - day compliance after the printed order, or $250 day for trash and debris; 3) as trash and debris situation is a constant, and having met with managers and sanitation, City recommends a Cease & Desist order in effect in 30 days at $250 an occurrence. Decision As no one appeared, Ms. Ellis ordered 1) 30 -day compliance after the printed order, or $100 day; 2) 10 -day compliance after the printed order, or $250 day; 3) a Cease & Desist order effective in 30 days at $250 per occurrence for trash and debris. Ms. Loth 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 Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 1, 2017 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 ocket". Page Case No. 39 17-423 40 17-524 43 17-822 Case No. 17-741 Property Address Type of Property: Violation(s): Fine Amount $ $ Morris & Patricia Grover 100 NE 18th Ave Single-family 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH10 SECT 10-52 CO CH15 SECT 15-120D INCL Remove all materials stored outside, as well as trash and debris. Remove all inoperable, unregistered vehicles. Obtain a permit for AC installation. Officer Hart presented the case. Notice of violation was May 22, 2017. Hearing date July 19, 2017, no one appeared. Compliance date August 21, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected and complied on October 11, 2017. Number of days of non-compliance 51 days at $50 a day, plus five inspections at $96.03 each, and affidavit filing costs of $250, for lien total of $3,280.15 to be certified. Decision Ms. Ellis ordered fines on all cases proposed by City Staff be certified. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 10:37 a.m. [M. Moore, Prototype Inc.] Page 12