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Minutes 08-16-17MINUTES 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, AUGUST 16, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Assistant I. CALL TO ORDER Carol Ellis, Community Standards Special Magistrate, called the Hearings to order at 9:05 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. 11. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA There were no changes to the agenda. IV. ROLL CALL V. NEW BUSINESS Case Hearings Case No. 17-1073 Property Address: Type of Property: Violation(s): Dwight M Simmons 2111 NE 3rd Ct Single-family, homesteaded SECT 4-4 Manner of keeping SECT 4-6 County registration SECT 4-37 Rabies vaccinations Officer Roehrich presented the case, which is a citizen complaint. The initial inspection date was June 19, 2017. Not a repeat violator. Initial verbal notice was February 23, 2017. Written notice via Code Process on June 19, 2017. Two days were given to Minutes StandardsCommunity . Boynton comply. Date notice posted on property August 4, 2017. Officer Roehrich gave history going back to 2015, though complaints go back to 2011. Animals (pit bulls) do not belong to Mr. Simmons, but have belonged to various tenants. On February 23, 2017, a complaint involved two dogs chained on the property with a deceased puppy laying in the yard, but dogs were gone when Officer followed up. On June 19, 2017, a tethered dog complaint found the dog unlawfully crated in the back yard. Upon speaking with tenant, the confinement issue was resolved, but still no vaccinations or registration. Mr. Simmons was advised that he could be held responsible for these multiple violations on the property because of their egregious nature. Officer Roehrich showed photos to Ms. Ellis. Tenant has rescheduled a free sterilization/vaccination/ license tag program for August 17, 2017. Assuming the appointment is kept, the tenant will be in compliance with two of the three violations, and as long as the dog is not crated or tethered outdoors, there would be full compliance. City recommended a Cease & Desist Order, five days for compliance, or $500 a day. Dwight Simmons, owner, understands the violations, had spoken with the tenant and was told everything was taken care of, so thought the matter was over. Officer Roehrich stated the tenants are uncooperative. Animals cannot be removed from the premises unless they are neglected or cruelly treated per State law. Ms. Ellis questioned Officer Roehrich on the ongoing violations over the years involving numerous tenants and dogs, wanting to impose a stronger penalty in this case; Officer Roehrich said options are limited by law and that is why the property owner has now been involved in the matter, Decision Based on testimony, Ms. Ellis granted the Cease & Desist Order, with five days for compliance or $500 a day per occurrence. Case No. 17-1027 Boynton Beach Mall (cited tenant: Paradise Boutique) Property Address: 801 N Congress Ave Type of Property: Commercial Violation(s): NFPA 101 7.9.2.1 Non-functional emergency lights CO CH 9 SECT 9-22C Unpaid annual fire inspection fees and associated fines. NFPA 1 1.11.1.6.2 Daisy -chain and piggy -back surge protectors NFPA 101 7.10.5.2.1 Non-functional illumination of exit lights NFPA 101 8.3.3.3 Non -closing fire doors NFPA 101 37.3.5.3 Uncertified and unhung fire extinguishers Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2017 John Moore, Assistant Fire Marshal, presented the case, which is upon routine inspection. Initial inspection January 13, 2017. It is not a repeat violator. Initial written notice was January 13, 2017. Twenty-one days given to comply. Date notice sent Certified Mail was July 7, 2017. There were six re -inspections from original inspection in January. Property last inspected July 5, 2017. It is a health and safety hazard. City recommended 20 days from printed order for compliance, or $300 a day. Ms. Ellis asked for specifics of the violation, re -inspections were stopped July 5 and code enforcement begun. There were five old/used/non-certified fire extinguishers. Marie Bien-Aime, owner of business, claimed the original notices were not given to her by her employees, but upon learning of them spoke with Mr. Moore and cured all violations within two weeks. Mr. Moore saw the documentation for the first time the morning of the hearing. A verification visit can be conducted immediately, but the unpaid annual inspection fees and all associated costs for the six re -inspections remain. Ms. Bien-Aime asked for leniency on fees as business is very bad at the moment. Total amount of the fees is $400. Ms. Ellis explained there would be no leniency on the fees because of the public safety issue. Decision Based on testimony, Ms. Ellis ordered 20 days compliance as stated on the Board Order, or $300 a day. Case No. 17-1037 Boynton Beach Mall (cited tenant: A+ Staffing) Property Address: 801 N Congress Ave, Suite 397 Type of Property: Commercial Violation(s): NFPA 101 7.9.2.1 Non-functional emergency lights CO CH 9 SECT 9-22C Unpaid annual fire inspection fees and associated fines. John Moore, Assistant Fire Marshal, presented the case, which is upon routine inspection. Initial inspection March 3, 2017. It is not a repeat violator. Initial written notice was March 3, 2017. Twenty-one days given to comply. Date notice sent Certified Mail was July 7, 2017. Signed green card dated July 19, 2017. There were four re -inspections from original inspection in March. Property last inspected August 15, 2017. It was a health and safety hazard. City recommended 30 days from printed order for compliance, or $150 a day. Edward Boylan, mall manager, stated cooperation with Mr. Moore to get tenant to comply with violations. For the record, the party cited was the Administrative Suite 295 for Boynton Beach Mall. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida16, 2017 Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $150 a day. Case No. 17-1038 Boynton Beach Mall (cited tenant: Aeropostale) Property Address: 801 N Congress Ave, Suite 365A Type of Property: Commercial Violation(s): NFPA 101 7.9.2.1 Non-functional emergency lights CO CH 9 SECT 9-22C Unpaid annual fire inspection fees and associated fines. NFPA 13 13.6.2.7.3 Fire sprinkler conceal plates and escutcheons John Moore, Assistant Fire Marshal, presented the case, which is upon routine inspection. Initial inspection February 14, 2017. It is not a repeat violator. Initial written notice was February 14, 2017. Twenty-one days given to comply. Date notice sent Certified Mail was July 7, 2017. Signed green card by Boynton Beach Mall. There were five re - inspections from original inspection in February. It is a health and safety hazard. City recommended 30 days from printed order for compliance, or $200 a day. Edward Boylan, mall manager, stated cooperation with Mr. Moore to get tenant to comply with violations. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $200 a day. Case No. 17-651 Property Address Type of Property: Violation(s): TSM Investments LLC 3265 E Palm Drive Single-family, homesteaded 105.1 of Florida Building Code, Beach Amendments CO CH15 SECT 15-120D INCL CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH10 SECT 10-56D 2014 Edition of Boynton CO CH10 SECT 10-58A and D CO CH10 SECT 10-59A, C and E CO CH10 SECT 10-60D Bring home to a safe and sanitary condition. Obtain all required building permits, structural, electrical, and Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton i , 2017 mechanical repairs required for home to be up to building code. Certificate of Use and Business Tax License required for rental of home. Sod front yard and swale areas, remove all outside storage, trash and debris. Address number must be on house, using no less than four -inch numbers visible from the street. Repair or removed broken fence surrounding the property. Officer Weixler presented the case, which is a citizen complaint. The initial inspection date was April 18, 2017. It is not a repeat violator. Initial written notice was April 18, 2017. Five days given to comply. Date notice sent Certified Mail June 8, 2017. Green card signed June 14, 2017. Tenant left residence on May 9, 2017. Property last inspected August 15, 2017. Violations still exist. City recommended 30 days from printed order for compliance, or $50 a day. Ms. Ellis asked for specifics of the violations. Officer Weixler did not have access to the home, may have spoken with new tenant on the lawn. Owner stated the home is for sale, and was told he must disclose all the violations to the new owner. Solomon Gloude, owner's representative, presented a signed authorization of agent form and stated the work was in process when the owner purchased the home, and most of the work inside the home has been completed. The fence has not been fixed, but the debris is gone. The house numbers are not yet up. Four people (no children) are currently living in the house with a one-year lease. Mr. Gloude had pictures on his phone of interior of house, claiming the house is safe and clean. The house was for sale, but fell through. Application has not yet been made for COU/BTR. Ms. Ellis shortened the compliance time to 15 days, numbers must be on house within 48 hours, and all other violations cured within 15 days. Decision Based on testimony, Ms. Ellis ordered 15 days compliance as stated on the Board Order, or $50 a day. Lien Reduction Hearings Case No. 11-2475 Boynton Beach Heights Realty Property Address: 327 SW 2nd Ave Type of Property: Vacant Lot Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was September 9, 2011. Code compliance hearing date was November 16, 2011, and no one appeared. The Code compliance date was November 26, 2011, or $100 a day. Date complied June 10, 2013. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton each, Florida August16,2017 There are 561 days of non-compliance at $100 a day for a total fine of $56,100 plus $100 administrative fee; however, City received surplus of $42,715.62, remaining balance is $14,018.50. Gabriel Cernea, owner, was present and is the current owner. The property was purchased through tax deed auction, paying approximately $50,000. $40,000 of that balance has come to the City. Also paid approximately $2,300 for hard costs incurred by the City, $2,00043,000 to remedy the violations on the property, which was done within a few weeks of acquiring the property. Intention is to build a four-bedroom, three bath, 2,500 square feet house. Mr. Cernea asked for lien to be reduced to minimum allowed. Discussion with Staff followed regarding surplus funds and the lien reduction process. Mr. Cernea was informed there is no negotiation power over how surplus funds are distributed, which is the County's rule. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 administrative fees. Case No. 13-2320 Fairhomes Turquoise Waters Property LLC Property Address: 8008 Red Reef Lane Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was November 8, 2013. Code compliance hearing date was January 15, 2014, and no one appeared. The Code compliance date was January 25, 2014, or $100 a day. Date complied May 23, 2017. There are 1,213 days of non-compliance at $100 a day for a total fine of $120,300 plus $730.15 administrative fee. Natalie Ruskay, agent for owner, was present, stating the owners of the property are in UK, corporate offices are in Canada, mail gets routed eventually to the local office; believes there was a clerical error, that the notice sent to the owner never made it to the local office. Once the issue was determined, the property was immediately brought into compliance. The owners own quite a bit of property in the area and all are in compliance. The property was quitclaimed to another entity in 2015 for financial purposes. Decision Based on testimony, Ms. Ellis reduced the lien to $5,000 plus $730.15 administrative fees. Case No. 14-643 Property Address: Type of Property: Violation(s): Thomas Killea 736 West Ocean Avenue Single-family For Code Sections as stated Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida , 2017 Officer Pierre presented the case. Notice of violation was March 24, 2014. Code compliance hearing date was July 16, 2014, and no one appeared. The Code compliance date was July 26, 2014, or $25 a day. Date complied February 3, 2015. There are 191 days of non-compliance at $25 a day for a total fine of $4,775 plus $730.15 administrative fee. Bernadine Jones, representative of Prodigy (new owner), was present, stated Thomas Killea was previous owner. Approximately $30,000 has been spent thus far on a work in progress. Property was purchased for $137,500, market value is $160,000. William Fernandez, asset manager, also involved in purchase of home, has been working with Code Enforcement and gave an overview of what has been done to date. Decision Based on testimony, Ms. Ellis reduced the lien to $500 plus $730.15 administrative fees. Case No. 16-655 Thomas Killea Property Address. 736 West Ocean Avenue Type of Property: Single-family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was March 28, 2016. Code compliance hearing date was May 18, 2016, and no one appeared. The Code compliance date was May 28, 2016, or $500 a day. Date complied August 9, 2017. There are 437 days of non-compliance at $500 a day for a total fine of $218,500 plus $730.15 administrative fee. Bernadine Jones, representative of Prodigy (new owner), was present, stated Thomas Killea was previous owner. [Related case 14-643.] Decision Based on testimony, Ms. Ellis reduced the lien to $5,000 plus $730.15 administrative fees. Fine Certification Hearings Case No. 17-1114 Property Address: Type of Property: Violation(s): Go Ka Hock & Go Jeanne 301 W Boynton Beach Blvd Commercial Property For Code Sections as stated Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton c, Florida August16, 2017 Officer Cain presented the case, which is a City referral. The initial inspection date was June 23, 2017. It is not a repeat violator. No health and safety hazards. City recommended 30 days for compliance at $100 a day.. Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $100 a day. Case No. 17-272 Pauline Morgan Property Address: 2020 NW 2nd Court Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. Case has complied. Case No. 17-1056 Sean W Dalton Property Address: 124 SW 11th Ave Type of Property: R1 A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30 -day compliance, or $150 a day. Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $150 a day. Case No. 17-490 Vadim & Anna Sharyshev Property Address: 198 SE 27th Court 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 $100 a day. Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $100 a day. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August , 2017 Case No. 17-752 Anacel LLC Property Address: 1601 NW 31d Street Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Guillaume presented the case. City recommended a 30 -day compliance after the printed order, or $100 a day. Decision As no one appeared, Ms. Ellis ordered 30 -day compliance as stated on the Board Order, or $100 a day. Case No. 17-786 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 10 -day compliance after the printed order, or $150 a day. Decision As no one appeared, Ms. Ellis ordered 10 -day compliance as stated on the Board Order, or $150 a day. Case No. 17-733 Lawrence Durane Property Address: 2219 NE 1St Lane Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. This is a health and safety hazard.. City recommended a 21 -day compliance after the printed order, or $150 a day. Decision As no one appeared, Ms. Ellis ordered 21 -day compliance as stated on the Board Order, or $150 a day. Fine Certifications Officer Cain stated the following cases complied, no fine: Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2017 Item Case No. Respondent 29 17-531 Palm Beach Housing Authority 31 16-537 Rosena Luberisse 32 16-635 Wahoo LLC 33 16-1176 Wahoo LLC 37 17-316 Grady & Leonard Frederick Officer Cain asked to table the following cases to September 20, 2017: Item Case No. Respondent 20 17-1151 Johnny Marcandy 38 15-616 301 North Federal Way LLC Officer Cain specified the following as a nuisance abatement: Case No. 14-817 Shawn Maesel Property Address: 816 S Seacrest Blvd Type of Property: Single-family Violation(s): For Code Sections as stated Officer Weixler presented the case. Case started April 7, 2014. It is a vacant property. Lien recorded July 30, 2014. Was previously overgrown and building is not secure. Owner was notified and the overgrown portion has complied. However, there is still an open window, and owner needs to secure the home. Decision As no one appeared, Ms. Ellis issued an abatement order effective immediately. The following cases have been removed: Item Case No. Respondent 3 17-496 Martha & Perry Price 4 17-538 Roger Oriston & Tamma Saul 12 17-439 Craig D Earnhart 14 17-563 PAD Properties LLC 16 17-704 Cheryl Taylor 18 17-764 Elienne Etienne 34 16-1657 Leona Lewis Est 35 16-1708 AIG Enterprise Corporation 43 15-2331 Meridian Trust LLC Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida The following cases have complied: Item Case No. Respondent 7 17-1155 Ronald E Ives Jr. 15 17-652 Karen Bush 21 17-1173 EG Real Estate Inv LLC 22 17-1178 Brownstone Development LLC 23 17-1275 Margarita Cruz 25 17-1278 Fred & Gloria Askins 26 17-515 Bibianne J Seraphin 28 17-854 Monika Lembit 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 f 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 ocket". Page Case No. Fine Amount 36 17-310 $ 39 16-1127 $ VI. ADJOURNMENT Ms. Ellis concluded the hearing at 10:20 a.m.. [M. Moore, Prototype Inc.] Page 11