Minutes 09-20-17MINUTES 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, SEPTEMBER 20, 2017, AT 9 A.M.
PRESENT:
Carol Dutra Ellis, Community Standards Special Magistrate
Mark Woods, Community Standards Director
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.
III. NEW BUSINESS
Case Hearings
Case No. 17-231
Edme, Junia & Patrick Alaire
Property Address:
2011 NW 2nd Court
Type of Property:
Single-family, homesteaded
Violation(s):
CO CH15 SECT 15-120D INCL
CO CH 15 SECT 15-120B
CO CH10 SECT 10-56B
Sod all bare areas visible from the City street, including
swale. Repair driveway apron. De -weed fence line around
property. Remove all materials stored outside, as well as
trash and debris.
Officer Hart presented the case, which was a routine inspection. The initial inspection
date was February 6, 2017. Not a repeat violator. Initial notice posted on property
February 6, 2017. Thirty days were given to comply. Notice sent certified mail July 27,
2017. Green card signed and dated August 8, 2017. Driveway apron still in bad shape;
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
yard and swale were not sodded, but recent rain has filled it in. City recommended 30
days from printed order for compliance, or $100 a day.
Edme Alaire, owner, understands the violations, but requests six to eight months to
comply. Ms. Ellis could not grant that, but could grant 60 days.
Decision
Based on testimony, Ms. Ellis ordered 60 days compliance as stated on the Board Order,
or $100 a day.
Case No. 17-1245 Goulie, Vesline & Evinc Pierre
Property Address: 1521 N Seacrest Blvd
Type of Property: R1 Single Family
Violation(s): CO CH10 SECT 10-52
Inoperable vehicle, expired tag, and window broken.
Officer Cruz presented the case, which was upon routine inspection by way of sweep in
July 2017. City recommended 30 days from printed order for compliance, or $50 a day.
Goulie and Vesline Pierre, owners, understand the violation, but ask for additional time
as the violation notice was only recently discovered.
Decision
Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order,
or $50 a day.
Case No. 17-1434 Boynton Dillon LLC
Property Address: 512 SE 20th Ave, Unit 7
Type of Property: Multi -family
Violation(s): CO CH10 SECT 10-56E
CO CH10 SECT 10-58E
CO CH10 SECT 10-59C
Repair/replace air conditioner and water heater. Repair/
replace interior floor from water damage.
Officer Scott presented the case. City recommended 15 days from printed order for
compliance, or $100 a day. Most of the violations have been complied; awaiting the
permit for the water heater, which has not been applied for. Only tiles remaining to be
placed are those around the water heater.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Nick Denoto, regional property manager, understands the violations, but requests an
extension. Repairs would have been completed weeks ago were it not for Hurricane Irma.
Permit will be filed yet this week.
Decision
Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order,
or $100 a day.
Case No. 17-719 Dorsan Real Estate Investments LLC
Property Address: 304 NW 11th Ave
Type of Property: Single-family, non -homesteaded
Violation(s): CO CH13 SECT 13-7 INCL
CO CH15 SECT 15-120D INCL
Apply and pass inspection for and obtain a certificate of
use and occupancy for rental property. Install sod in yard.
Officer Crain presented the case. No health and safety hazard. Sod has been installed.
City recommended 30 days from printed order for compliance, or $100 a day. Ms. Ellis
ascertained that the certificate has not yet been applied for and that there are tenants in
the property.
Randolph Charles, owner and member of LLC, was informed of the process for the
application and passing of inspection for the certificate of use and occupancy.
Decision
Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order,
or $100 a day.
Case No. 17-964 TSM Investments LLC
Property Address: 510 Gateway Blvd
Type of Property: Single-family
Violation(s): Obtain a business tax receipt. Apply for and pass
inspection to obtain a certificate of use and occupancy.
Remove outdoor storage, overgrowth, and trash.
Officer Cruz presented the case. Signed certified mail receipt on file. Property last
inspected September 19, 2017. Application for BTR and COU was made, but inspection
has not yet been made. City recommended 30 days from printed order for compliance,
or $50 a day. Property currently appears to be vacant, and there may be a new owner
since November 2016.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Solomon Glaude, owner's representative, presented a signed authorization of agent
form and understands the nature of the violation. Some of the work has been done and
30 more days should be sufficient. The property is vacant, but have not applied for BTR
because it is intended for sale. Officer Cruz instructed that an affidavit needs to be filed
indicating such and cancel the BTR status.
Decision
Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order,
or $50 a day.
Case No. 17-629 Jonathan Newell
Property Address: 505 NW 11th St
Type of Property: Single-family, homesteaded
Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton
Beach Amendments
Obtain permit for installation of security camera.
Officer Guim presented the case, which is a citizen complaint. Not a repeat violator.
Permit has not yet been obtained. Initial notice posted on property February 6, 2017.
Thirty days were given to comply. City recommended 10 days from printed order for
compliance, or $50 a day.
Jonathan Newell, owner, understands the violations, and states paper work in progress.
Has spoken with City electrician, wanted photos of UL codes because it may not need a
permit, and was installed over five years ago. Requests more time to research to see if
the camera can be grandfathered under the new code. Staff reminded Ms. Ellis that in
this instance there is no grandfathering clause for permits required, no statute of
limitations as to how long ago the installation was made. Grandfathering is a zoning
principle and has nothing to do with permits. Mr. Newell said there is no hard wiring, this
camera is only a coaxial cable that plugs into a wall outlet, and has currently been
removed.
Decision
Based on testimony, Ms. Ellis ordered 20 days compliance as stated on the Board Order,
or $50 a day.
Case No. 17-1318
Property Address:
Type of Property:.
Violation(s):
2600 Quantum LLC
1015 Gateway Blvd, Suite 404
Commercial
As noted in Notice of Violation
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
John Moore, Assistant Fire Marshal, presented the case, which is upon routine inspection.
This is a health and safety hazard first cited over a year ago. City recommended 15 days
from printed order for compliance, or $200 a day.
No one appeared for 2600 Quantum LLC.
Decision
Based on testimony, Ms. Ellis ordered 15 days compliance as stated on the Board Order,
or $200 a day.
Case No. 17-530
Property Address:
Type of Property:
Violation(s):
Rita Fowler Trust
200 SW 7th St
Single Family, non -homesteaded
CO CH10 SECT 10-56A
CO CH10 SECT 10-56B
Install sod in yard and swale.
Officer Cain presented the case, which is a routine inspection. The initial inspection date
was April 3, 2017. It is not a repeat violator. Initial written notice was courtesy notice on
May 8, 2017. Thirty days given to comply. Green card signed August 21, 2017. Property
last inspected September 15, 2017. No health and safety issues. City recommended 30
days from printed order for compliance, or $100 a day. Officer Cain presented pictures
to Ms. Ellis dated March 30, 2017, May 5, 2017, June 28, 2017, and September 18, 2017.
Randal Fowler, son of owner, was present, and lives in the property. (Also present was
Diane Weiser, real estate agent, who has the house listed but unable to sell due to liens.
Ms. Ellis instructed that is a separate issue.) Mr. Fowler stated the lawn has been seeded
as unable to afford sod, but hurricane waters washed the seeds away. Ms. Ellis instructed
Mr. Fowler to work with City (who gave tips on how to get the seeds to grow), and reduced
the fine to $50 a day if unable to comply.
Decision
Based on testimony, Ms. Ellis ordered 60 days compliance as stated on the Board Order,
or $50 a day.
Case No. 17-930 Eight Holdings LLC
Property Address: 611 NE 10th Ave
Type of Property: Multi -family
Violation(s): CO CH10 SECT 10-24
CO CH13 SECT 13-7 INCL
Remove all furniture put out to curb before scheduled
pickup time. Pick up trash, pickup day Thursdays, and
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
inform tenants. Apply for and pass inspection to obtain a
certificate of use and occupancy.
Officer Cain presented the case, which is a citizen complaint. The initial inspection date
was June 5, 2017. This is a health and safety issue. The violations have currently
complied, but City recommended a Cease & Desist order for this ongoing problem, 14
days from printed order for compliance, or $200 per occurrence. Officer Cain presented
pictures to Ms. Ellis, dated June 13, 2017, and July 11, 2017.
William Branning, manager, was present. Ms. Ellis explained how a Cease & Desist
order works, and that any time there is trash found, there will be an automatic $200 fine.
Mr. Banning stated the new tenants have stipulations in the lease that tenant is in default
and subject to eviction regarding trash disposal; wants to be proactive with the problem,
and does not feel the Cease & Desist Order is necessary, offering other solutions. Ms.
Ellis recommended an amendment to pre-existing leases, to which Mr. Branning agreed.
Decision
Based on testimony, Ms. Ellis did not issue the Cease & Desist at this time, with the
stipulation that within two weeks evidence be presented that all tenants have signed off
on the amendments, or the Cease & Desist will be in effect at $200 per occurrence.
Case No. 17-943
Property Address:
Barinv LLC
301 SE 12th Ave
R2 Duplex
Officer Weixler asked that the case be tabled to October 18, 2017.
Decision
Ms. Ellis tabled the case to October 18, 2017.
Case No. 17-944 Justin Cline
Property Address: 42 E Tara Lakes Dr
PUD Planned Zoned District
Officer Weixler asked that the case be tabled to October 18, 2017.
Decision
Ms. Ellis tabled the case to October 18, 2017.
Case No. 17-1253 Lucy Land LLC
Property Address: 703 S Federal Hwy
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Type of Property: Vacant Lot
Violation(s): CO CH10 SECT 10-52
Remove all vehicles from vacant lot, cannot be utilized for
unapproved parking in this zoning district.
Officer Weixler presented the case, which is a City Department referral. The initial
inspection date was July 10, 2017. Not a repeat violator. Initial written notice was a
courtesy notice on July 10, 2017. Ten days given to comply. Property was posted August
30, 2017. Property last inspected September 19, 2017, violations still exist. City
recommended 10 days from printed order for compliance, or $250 a day. Violation for
permit for fencing has been removed. Officer Weixler gave photos to Ms. Ellis for review.
Owner owns a towing company and towed cars are being stored there.
Joseph Russo, manager of Boynton Beach office of Camel Towing, stated there is a
lease with the owner of the property to do business as a rescue/first responder as only
business is done as storage for Boynton Beach Sheriff's Department. After some
discussion regarding the confusion of the lease and certificate of use for storage of
vehicles, Ms. Ellis must have evidence from the Sheriff's Department regarding this lease,
and respondent is instructed to prepare evidence as well.
Decision
Based on testimony, Ms. Ellis ordered the case be tabled to October 18, 2017.
Case No. 17-1137 Eritane & Lamatine Lajeune
Property Address: 50 S Atlantic Dr
Type of Property: Single Family, non -homesteaded
Violation(s): CO CH10 SECT 10-52
CO CH15 SECT 15-120B INCL
Vehicle in violation located at 6020 S Atlantic Dr, Toyota
Corolla, no tag, contrary to City Code, vehicle inoperable.
Current tag must be on vehicle at all times.
Install sod in yard, remove all trash and debris, including
furniture from yard, repair driveway.
Officer Scott presented the case, which is a routine inspection. The initial inspection date
was June 28, 2017. It is not a repeat violator. Initial written notice was June 30, 2017.
Thirty days given to comply. Property posted September 7, 2017. Property last inspected
September 19, 2017. This is a health and safety hazard. City recommended 30 days
from printed order for compliance, or $50 a day. The vehicle has been complied and
removed, all other violations still exist. Owner is cooperative and attempting to comply.
Lamatine Lajeune, owner, was present, and understands nature of violations.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
Based on testimony, Ms. Ellis ordered 60 days compliance as stated on the Board Order,
or $50 a day.
Fine Certification Hearings
Case No. 16-1647 Leona Lewis Estate
Property Address: 2645 NE 4th Ct
Type of Property: Single Family
Violation(s): For Code Sections as stated
Officer Weixler presented the case, stating Habit for Humanity has stepped in to do the
work. Architect is present, has handed Officer Weixler drawing, so asks to table the case
to October 18, 2017.
Decision
Based on testimony, Ms. Ellis tabled the case to October 18, 2017.
Case No. 15-616 301 N Federal Hwy LLC
Property Address: 301 N Federal Hwy
Type of Property: CBD Central Business District
Violation(s): LDR CH 4 ART 11 SECT 4A-13
Maintain property, trees, shrubs to site plan.
Officer Hart presented the case. Violation notice date March 18, 2015. Magistrate
hearing was January 20, 2016, no one appeared. Compliance date January 30, 2016.
Fine proposed by Magistrate $100 per day plus administrative fees. The property came
into compliance September 18, 2017. City recommended comply with no fine, with
exception of administrative fees of $730.15.
Brian Seidenberg, representing tenant CVS, appeared and agrees with Officer Hart
that they are in compliance with the exception of two lights that were knocked out during
hurricane, which will be resolved right away.
Decision
Based on testimony, Ms. Ellis ordered no fine, with exception of administrative fees of
$730.15.
Case No. 17-229 Royce Freeman & Mildred Johnson
Property Address: 2040 NW 2nd Court
Type of Property: R1 Single Family
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Violation(s): LDR CH 4 ART 11 SECT 4A-13
Maintain property, trees, shrubs to site plan.
Officer Hart presented the case. Violation notice date March 18, 2015. Magistrate
hearing was January 20, 2016, no one appeared. Compliance date January 30, 2016.
Fine proposed by Magistrate $100 per day plus administrative fees. The property came
into compliance September 18, 2017. City recommended comply with no fine, with
exception of administrative fees of $730.15.
Brian Seidenberg, representing tenant CVS, appeared and agrees with Officer Hart,
that they are in compliance with the exception of two lights that were knocked out during
hurricane and will be resolved right away.
Decision
Based on testimony, Ms. Ellis ordered no fine, with exception of administrative fees of
$730.15.
Lien Reduction Hearings
Case No. 9-1216 Andre & Marie Charles (former owner)
Property Address: 182-184 SE 27th Way
Type of Property: Multi -family (duplex)
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was April 27, 2009. Code
compliance hearing date was June 16, 2009, and no one appeared. Date complied
August 22, 2017. There are 2,957 days of non-compliance at $100 a day for a total fine
of $295,700 plus administrative fee.
Cary Sabol, attorney for new owner, was present. New owners purchased the property
at foreclosure January 2013. This is a rental property. Current market value is $137,000.
New owners invested in repairs of damaged property, but amount spent is unknown. Mr.
Sabol noted violations are against former owner, and asked that lien be removed and
present owner not be required to pay fine because they did not cause it. The lis pendens
was a lien preceding the City's lien, so should receive it free and clear from bank
foreclosure. Mr. Woods suggested that Mr. Sabol could present the case to the City
Attorney's office and let the foreclosure decision play its course and the lien could be
removed altogether for the minimal fee for filing for removal. A brief discussion of options
ensued.
Decision
Based on testimony, Ms. Ellis tabled the case to November 15, 2017.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Case No. 13-1426
Darwin 3 LLC
Property Address:
717 NE 10th Ave
Type of Property:
Multi -family
Violation(s):
For Code Sections as stated
Officer Guim presented the case. Notice of violation was July 26, 2013. Code compliance
hearing date was September 18, 2013, and no one appeared. The Code compliance
date was November 17, 2013, or $150 a day. Compliance date was March 3, 2016.
There are 836 days of non-compliance at $150 a day for a total fine of $125,400 plus
administrative fees of $826.16.
Daniel Wejc, owner and representative for LLC, was present and gave background of
property and the lien, was not aware of lien until time of paying property taxes. Had to
evict tenants in order to do repairs. Previous general contractor was not pulling permits
before beginning work. Mr. Wejc had previously worked with Diane Springer and Skip
Lewis, but did not get anything in writing, so could not prove he had acted going forward
as they had advised. However, disagrees with the lien or anything else regarding that
case. Has spent $491,000 on building renovations, the building is worth between
$650,000 and $700,000 based on rental income, not value. Taxes are $9,000 a year for
two years of back taxes; refinanced the property to landscape and clean-up done. Met
with all departments in City to get fence and trash cleared. Officer Guim had pictures for
Ms. Ellis.
Decision
Based on testimony, Ms. Ellis reduced the lien to $5,000 plus $826.18 administrative
costs. For the record, Mr. Wejc stated disagreement with judgment, as original violations
were based on miscommunication between all parties.
Case No. 14-2522 Alandra L Cooper
Property Address: 2680 NW 1st St
Type of Property: Single-family
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was November 2014. Code
compliance hearing date was January 21, 2015, and no one appeared. The Code
compliance date was January 31, 2015, or $100 a day. Compliance date was December
21, 2016. There are 689 days of non-compliance at $100 a day for a total fine of $68,900
plus administrative fees of $730.15.
Steve Cooper, father of owner, stated he was unaware of the lien until coming back to
town when he immediately took action, paying fines that were due. The property is
currently being rented out. Mr. Cooper asked that the lien be eliminated due to hardship.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
Based on testimony, Ms. Ellis reduced the lien to $689 plus $730.15 administrative costs.
Case No. 15-1302 Atlantic Shelter LLC
Property Address: 322 NE 1St St
Type of Property: Single-family
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was May 20, 2015. Code
compliance hearing date was August 19, 2015, and Natalya Margence [phonetic]
appeared. The Code compliance date was August 29, 2015, or $100 a day. Compliance
date was July 31, 2017. There are 701 days of non-compliance at $100 a day for a total
fine of $71,100 plus administrative fees of $730.15.
Victor Sanchez, authorized representative, stated the time taken to correct violations
was longer than expected, due to all the permits and multiple inspections. Building had
squatters at the time of violations, as well as infestation of rodents in attic. The property
is currently rented. Officer Guim had photos of property for Ms. Ellis.
Decision
Based on testimony, Ms. Ellis reduced the lien to $710 plus $730.15 administrative costs.
Case No. 15-2331 Meridian Trust LLC
Property Address: 213 NE 9th Ave
Type of Property: Single-family
Violation(s): For Code Sections as stated
Officer Guim presented the case, stating this is a stipulated agreement reduction. Former
owner did not comply with agreement, so lien was replaced. [No details of the original
hearings were read into the record.] There was a lengthy discussion of the time line of
the case between Officer Guim, Ms. Ellis, Mr. Woods, and the new owner Charlie White.
Charlie White, current owner, stated property was acquired November 6, 2015, and
was aware of the stipulation agreement at the time, but now realizes a misunderstanding
of the purpose of the checks written at time of closing, and that page 2 of the stipulation
agreement in effect served as notice of the conditions of the lien being brought into
compliance. Thinking there would be further contact if all was not well, Mr. White
assumed the matter closed. Details of a stipulated agreement lien reduction were
explained to Mr. White's understanding.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
Based on testimony, Ms. Ellis reduced the lien to $1,500 plus $730.15 administrative
costs. Ms. Ellis made note that perhaps there should be clearer language in future
stipulation agreements that informs the new owners of duties to comply. Mr. Woods
stated that new procedures are already in place to record a stipulation agreement at the
time it is signed.
Case No. 16-443 Thomas & Denise Ficker
Property Address: 112 SE 31St Ave
Type of Property: Single-family
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was February 23, 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 August 9,
2017. There are 465 days of non-compliance at $100 a day for a total fine of $46,500
plus administrative fees of $730.15.
Thomas Ficker, owner, stated he was unaware of the violation, being in North Carolina
at the time of divorce in 2011; notice of violations was served to the ex-wife who allegedly
threw away the notice, but eventually told Mr. Ficker about it. At the time of attempting to
sell the property, the lien was discovered and steps were taken to come into compliance.
Ms. Ellis read the following into the record: This is the affidavit that the respondent
provided signed by his ex-wife, Denise Louise Ficker, dated September 14, 2017. "I,
Denise Louise Ficker of Raleigh and Wake, North Carolina, make oath and say that I am
providing this statement as a former owner of the home at 112 SE 31St Ave., Boynton
Beach, Florida, who received notification from the City of Boynton Beach via certified mail.
Per equitable distribution, divorce documents in Case 11 CVD 19039 in Wake County,
North Carolina, ownership of the house at 112 SE 31St Ave, Boynton Beach, was given
fully to Thomas Vicker. I receive and signed for a certified letter from Boynton Beach
related to the home on 112 SE 31 st Ave, Boynton Beach. I held onto the certified letter
for a few weeks and lost or threw it away before seeing Thomas Ficker. After some time
later, I informed Thomas Ficker of the certified letter, I watched him call the City of
Boynton Beach, and after several minutes of conversation was unable to find out the
contents/purpose of the letter. I heard him being told he needed a case number to find
out the contents of the letter." Said affidavit was signed and notarized.
Decision
Based on testimony, Ms. Ellis reduced the lien to $465 plus $730.15 administrative costs.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Case No. 10-1629 Aspen 1020 West Industrial LLC
Property Address: 1040 W Industrial Ave
Type of Property: Commercial
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was May 28, 2010. Code
compliance hearing date was August 18, 2010, and no one appeared. The Code
compliance date was October 17, 2010, or $100 a day. Compliance date was April 18,
2011. At the time, the Code Board certified only the administrative costs of $922.21.
Marvin Rosen, real estate attorney and representative for owner, stated the lien was
discovered at the time of a municipal lien search in anticipation of sale of the property,
which revealed this lien as well as the lien for Case 15-1790 [below]. Mr. Rosen gave
background on the matters, stating the principal behind Aspen 1020 is an elderly
gentleman who lives in Michigan. A Michigan-based management company was
unsatisfactory; the respondent was unaware of this matter, and communication with the
City was non-existent. Value of the property is approximately $2.5 million, mortgage on
property of $1.7 million needs to be paid off, and the rest of the money is being financed
by the seller.
Decision
Based on testimony, Ms. Ellis ordered $922.21 for administrative costs be paid.
Case No. 15-1790 Aspen 1020 West Industrial LLC
Property Address: 1040 W Industrial Ave
Type of Property: Commercial
Violation(s): For Code Sections as stated
Officer Guim presented the case. Notice of violation was August 6, 2015. Code
compliance hearing date was October 21, 2015, and no one appeared. The Code
compliance date was October 31, 2015, or $100 a day. Compliance date was August 22,
2017. There are 660 days of non-compliance at $100 a day for a total fine of $66,000
plus administrative fees of $730.15.
Marvin Rosen, real estate attorney and representative for owner, adopted the
testimony for Case 10-1629 [above], and added that the management company used in
2010 was no longer involved in 2015, the property was largely self -managed out of
Michigan. Two employees in an office in West Palm Beach were running the property,
and respondent flew in occasionally to supervise. Because the leases were signed in
West Palm Beach, the managers were not aware a license was also needed in Boynton
Beach. There was confusion because both companies, while separate, have a similar
name. As soon as the confusion was sorted, a license was obtained, and a 2017-2018
license is in effect.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
Based on testimony, Ms. Ellis reduced the lien to $3,000 plus $730.15 administrative
costs.
Fine Certifications
Ms. Loth stated the following cases complied, no fine:
Item
Case No.
Respondent
1
17-152
Philip & Hattie Denaro
3
17-520
Dorothy E Johnston
6
17-738
Rosena Luberisse
8
17-239
Ellington & Shirlene Beckles
14
17-1200
Kimberly Eddy & Tracy Williams
19
17-1238
Raphael & Elisme Deshommes
23
17-968
Southern Engineering
26
17-1151
Johnny Marcandy
28
17-1222
Nide Curry & Jonathan Germain
41
17-1873
Terry Gorant Living Trust
Case No. 17-520 Darci & James Strobel
Property Address: 1317 SW Lake Ct
Type of Property: Single-family
Violation(s): For Code Sections as stated
Officer Cain presented the case. There are no health and safety issues. 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. 17-700 Swallow 7 LLC
Property Address: 91 NW 28th Ave
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 $50 day.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
As no one appeared, Ms. Ellis ordered 15 -day compliance as stated on the Board Order,
or $50 a day.
Case No. 17-974 Armelle & Gilbert Lorme
Property Address: 300 SW 12th Ave
Type of Property: R1AA 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 $25 day.
Decision
As no one appeared, Ms. Ellis ordered 15 -day compliance as stated on the Board Order,
or $25 a day.
Case No. 17-1372
Gregory Xiggoros
Property Address:
142 SW 9th Ave
Type of Property:
RIA Single Family
Violation(s):
For Code Sections as stated
Officer Weixler presented the case. City recommended a 60 -day compliance after the
printed order, or $75 day.
Decision
As no one appeared, Ms. Ellis ordered 60 -day compliance as stated on the Board Order,
or $75 a day.
Case No. 17-1016 Kuo Yung Tzu
Property Address: 532 NW 11th Ave
Type of Property: R2 Duplex
Violation(s): For Code Sections as stated
Officer Guillaume presented the case. City recommended a 30 -day compliance after the
printed order, or $75 day.
Decision
As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order,
or $75 a day.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Case No. 17-952 Jean Alexis
Property Address: 3201 N Seacrest Blvd
Type of Property: Single-family, non -homesteaded
Violation(s): For Code Sections as stated
Officer Cruz 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. 17-1128 Edgar Greenhauff
Property Address: 2261 N Seacrest Blvd
Type of Property: R1 Single Family
Violation(s): For Code Sections as stated
Officer Cruz 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. 17-925 Global Mobile LLC
Property Address: 505 SE 21 st Ave
Type of Property: R3 Multi Family
Violation(s): For Code Sections as stated
Officer Scott 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. 17-1058
Property Address:
Type of Property:
Violation(s):
LVS Title Trust US Bank Natl
3643 SE 2nd St
R1A Single Family
For Code Sections as stated
Page 16
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Officer Scott 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. 17-813 Charles Dumaine & Louis Duminson
Property Address: 124 SW 10th Ave
Type of Property: R1 Single Family
Violation(s): For Code Sections as stated
Officer Hart presented the case. City recommended a 10 -day compliance after the
printed order, or $50 day.
Decision
As no one appeared, Ms. Ellis ordered 10 -day compliance as stated on the Board Order,
or $50 a day.
Case No. 17-1313 Jonathan M Dwork
Property Address: 154 Orange Dr
Type of Property: PUD Planned Zoned District
Violation(s): For Code Sections as stated
Officer Hart presented the case. City recommended a 10 -day compliance after the
printed order, or $50 day.
Decision
As no one appeared, Ms. Ellis ordered 10 -day compliance as stated on the Board Order,
or $50 a day.
Case No. 17-766
Charlene N Stimely
Property Address:
2553 SW 10th Court
Type of Property:
R1AA Single Family
Violation(s):
For Code Sections as stated
Officer Guim presented the case. City recommended a 10 -day compliance after the
printed order, or $50 day.
Page 17
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
Decision
As no one appeared, Ms. Ellis ordered 10 -day compliance as stated on the Board Order,.
or $50 a day.
Case No. 17-1293
Charlene N Stimely
Property Address:
2553 SW 10th Court
Type of Property:
R1 AA Single Family
Violation(s):
For Code Sections as stated
Officer Guim presented the case. This is a health and safety hazard [open pool]. City
recommended a 10 -day compliance after the printed order, or $100 day.
Decision
As no one appeared and this is a health and safety issue, Ms. Ellis ordered 5 -day
compliance as stated on the Board Order, or $200 a day.
Ms. Loth stated the following cases have complied, but fines and administrative fees
should be certified:
Item
Case No.
Respondent
Fees
13
16-1001
Jean W Paul
$730.15
48
17-277
Benham LLC
$
49
17-591
James Johnson Jr
$
Decision
Ms. Ellis certified the administrative fees as noted.
Ms. Loth asked to table the following cases to October 18, 2017:
Item
Case No.
Respondent
13
17-1025
Ismith F. Jean
18
17-1143
Angela D Girtman
27
17-1164
Atlantic Central District Flor
Ms. Loth asked to table the following cases to November 15, 2017:
Item
Case No.
24
17-1014
46
16-56
Respondent
Hector F & Eufrosina Capetillo
Gertrude Belizaire
Page 18
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2017
The following cases have been removed:
Item Case No. Respondent
30 17-1507 Henry J Woods Estate [defective notice]
IV. ADJOURNMENT
Ms. Ellis concluded the hearing at 11:47 a.m.
[M. Moore, Prototype Inc.]
Page 19