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Minutes 02-21-18 MINUTES 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, FEBRUARY 21, 2018, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Norma Loth, Community Standards Assistant I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:04 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. A moment of silence was observed for neighbors lost in the February 14, 2018, Parkland, Florida tragedy. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. ROLL CALL IV. NEW BUSINESS Case Hearings Case No. 18-106 E DelHomme & Desinor Archelus Property Address: 137 SE 27th Way Type of Property: Single-family, non-homesteaded Violation(s): SECT 4-4 Manner of keeping SECT 4-32 Leash law SECT 4-36 County registration for license tag proof SECT 4-37 Rabies vaccinations Officer Roehrich presented the case, which is a citizen complaint. Notice sent by certified mail February 5, 2018. Proof of Service obtained by posting the property on February 9, 2018. Not a repeat violator. Citizen complaints date back to 2013, all incidents Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 documented by police reports. Majority of complaints concern dogs tethered in the yard, occasionally some that run loose as recently as December 2017. Officer Roehrich had photographs, given to Ms. Zalman, and presented extensive evidence of multiple violations. Number of dogs change daily as some are owned by various family members. City recommends a Cease & Desist Order at $500 per occurrence. Decision Based on testimony, Ms. Zalman ordered the Cease & Desist Order at $500 per occurrence. Case No. 17-2304 South Florida Property Ventures LLC Property Address: 200 Knuth Road, Unit 244 Type of Property: Commercial Violation(s): LDR CH 2 ART 4 SECT 282 Unit 244 has been divided into two separate spaces without a permit. Acquire the required building permits. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date November 7, 2017. Not a repeat violator. Initial written notice was November 7, 2017. Ten days were given to comply. Received signed green card dated February 25, 2018. Red tag from Building Department October 9, 2017, stating must secure permits and receive all required inspections. Officer Pat Hart inspected the unit on January 19, 2018, violations still exist. Property last inspected February 20, 2018. There is no health and safety hazard. City recommended 30 days from printed order for compliance, or $100 a day. This case was tabled from the previous month to clarify the matter with the City, and John Kuntzman of the Building Department was present to testify. John Kuntzman, Deputy Building Official, testified he had visited the property earlier in 2018 to verify that the work was done and discussed the plans on file not matching the site. There are no permits for the removal of the walls in one unit and opening up the space to make it one unit. Has asked for "as built" plans and has not yet received them. Ms. Zalman asked for clarification on the site as it now exists. Warren lzard, managing member, presented several exhibits to Ms. Zalman to follow. • Exhibit #1 is plan sent to LLC by Mr. Kuntzman, and also sent to the tenant who supposedly made complaint about their office as they are trying to get out of lease agreement (evidence in email chain). Exhibit #2 is actual space with description, and how it is impossible for the space to be the space Mr. Kuntzman is claiming the plans are flipped for (physical impossibility because of where the walls are located). Exhibit #3 is 18 pages of emails back and forth between Mr. Izard and Mr. Kuntzman and other individuals including the tenant trying to break lease. Also Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 addressed was that the plans submitted to Mr. Izard in 1992 are not the same space as the space Mr. Kuntzman is claiming. Mr. Izard stated the layout of the building has changed since 1992 to 2001, and the plans Mr. Kuntzman has, even flipped, is not the same as the suite known as 244. A lengthy explanation of the exhibits followed, including that the suite number has changed over the years. A request was made in the emails that Mr. Izard be present at time of inspection, but he was not informed of the February 20t" visit as promised by Mr. Kuntzman. Mr. Woods asked if Mr. Izard had knowledge of what the suite number would be that fits the plan being referred to; Mr. Izard was not sure as there are 30-40 suites in the building, but the 1992 plans do not represent the suite, even the physical dimensions wouldn't be possible. Ms. Zalman asked if the City's recommendation is for the owner to submit a i new plan, and at that point get an approved permit for the design. Mr. Kuntzman asked for plans showing what is on the site right now as it is apparent that work was done, and the walls are not fire walls, and would be satisfied with an as-built plan of the suite in question, what type of business is in it, etc. If Mr. Izard contends that the space is not the space in the plans, then the permits for that space need to be produced. Officer Weixler clarified for the record that Building Department and Community Standards are two separate entities, that inspections are done without being required to let the Building Department know or having the owner on hand. Ms. Zalman agreed with the City, that the City is trying to work with respondent by offering option to do an as-built plan, which is a good option. Mr. Izard protested that the decision is unjust. Ms. Zalman will give 45 days compliance for an as-built plan. Decision Based on testimony, Ms. Zalman ordered 45 days compliance as stated on the Board Order, or $100 a day. Case No. 17-1288 Frida Holdings LLC Property Address: 322 SW 8t" Ave Type of Property: Single family, non-homesteaded Violation(s): CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 Apply for and pass an inspection and obtain a Certificate of Use and Occupancy; obtain a Business Tax Receipt for both rental property and tenant. Officer Weixler presented the case, which was a routine inspection. Initial inspection date June 12, 2017. Not a repeat violator. Initial written notice July 12, 2017. Ten days were given to comply. Proof of service posted February 9, 2018. COU inspection was performed on February 1, 2018; failed because permits were needed for low-voltage Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 work, a water heater permit need, electric panel needed labeling, and remove shutters from the windows as an egress violation. Tenant Janesway, LLC, has not applied for a COU or BTR. Property last inspection February 20, 2018. Shutters have been removed. City recommended 15 days from printed order for compliance, or$150 a day. Lawyer for Janesway has contacted Officer Weixler to state the premises will be vacated by March; Officer Weixler would like to remove them from the violations. Officer Pat Hart stated he performed the COU, there were several panels on the property which would require low- voltage permit. Ari Lind, property manager, confirmed the tenants are leaving as of March 19th, the lease has been broken. The low-voltage issue will be taken with them. The water heater permit is being pulled, and respondent will be selling the property. Ms. Zalman asked why the permits had not been applied for previously; Mr. Lind said the owner had applied for the license, but the tenants did not cooperate. Mr. Lind provided a copy of the cancellation of the lease. Officer Weixler amended the recommendation to 30 days for the water heater permit, or$75 a day. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $75 a day. Case No. 17-2233 Robert V Devore Property Address: 115 SE 8th Ave Type of Property: Single family, non-homesteaded Violation(s): LDR CH2 ARTICLE 4 SECT 2A2 Obtain all required permits for the unpermitted structures and work done on the property. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date October 27, 2017. Not a repeat violator. Initial written notice of violation was October 27, 2017. Ten days were given to comply. Proof of service posted February 5, 2018. County appraisers aerial map of site dated 2015 shows property void of structures, aerial map 2017 shows new structures in the back yard with no record of building permits. Date property last inspected February 20, 2018, violations remain. City recommended 30 days from printed order for compliance, or $100 a day. Robert DeVore, owner, stated he was not aware that he needed permits for an awning, a gazebo, and an above-ground pool. Ms. Zalman stated respondent has had enough time to contact the City about these issues. Officer Weixler spoke to respondent before the hearing and told him to speak to the Building Department for LDR violations, who will ascertain whether a permit is needed for these items. Ms. Zalman recommended respondent contact the Building Department within the 30 days given. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Decision Based on testimony, Ms. Zalman ordered 30 days compliance as stated on the Board Order, or $100 a day. Fine Certification Hearings Case No. 17-1506 Jonas Romelus Property Address: 1619 NE 2,d St Type of Property: Single-family Violation(s): [not given] Obtain a rental license, new sod in bare areas, mow overgrown yard, remove vegetation, remove trash, repair fence. Officer Guim presented the case. Notice of violation was not given. Magistrate hearing was November 15, 2017; no one appeared. Compliance date given was December 29, 2017, or $50 a day plus admin fees. Property last inspected February 20, 2018, and violations have complied. There are 53 days of non-compliance at $50 a day plus the admin fees $634.12, total $3,284.12. Jonas Romelus, owner, gave a history of bad tenants; tenant still in property; owner is the one who brought property into compliance. Police were called with hopes of getting tenants to cooperate, but trashing the property continued; respondent worked with Officer Guim to bring the property into compliance. Decision Based on testimony, Ms. Zalman ordered the fines waived, and pay $350 towards admin fees. Case No. 17-670 Lindsay & J Middleton Property Address: 1200 NW 1St St Type of Property: Single-family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass and obtain Certificate of Use and Occupancy. Install sod in yard and swale, paint house. Officer Cain presented the case. Notice of violation was July 12, 2017. Magistrate hearing was November 22, 2017, respondent appeared. For the record, the property is not a rental, owner lives there, so that part of the violation is removed. Compliance date given was January 13, 2018, or $50 a day plus admin fees. Property last inspected Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 February 16, 2018. Violations stili exist. Number of days for non-compliance 33 days, and fine continues to accrue at $50 per day plus administrative fees. DeVonna Coldwell, one of the owner's wives, stated she lives on the property with their children but is not on the deed. Because an affidavit to testify was not provided, Ms. Coldwell is not permitted to testify or present evidence. Decision Based on testimony, Ms. Zalman certified the City's recommendation. Case No. 17-1252 Lee S Berinstein Property Address: 117 SW 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 CI-113 SECT 13-7 INCL Building permit required for water heater, fence, and canopy. Certificate of Use and Occupancy and a Business tax receipt is required for the rental. Officer Weixler presented the case. Notice of violation was July 10, 2017. Magistrate hearing was October 18, 2017, representative Ari Lind appeared. Compliance date given was November 23, 2017, or $150 a day plus administrative fees. Property last inspected February 20, 2018. All violations still exist. Number of days for non-compliance 91, fine continues to accrue at $150 a day, plus administrative fees of $730.15. Ari Lind, representing owners, stated the owner is in the process of bringing the property into compliance. The lease was terminated December 1, 2017, and property has been vacant. There was a fire on November 3, 2017, so repairs had to be made. Have applied for the certificates. Property was purchased with canopy and fence, permit has been applied for, awaiting an engineer to deal with the very expensive canopy. Officer Weixler verified water heater permit was final on November 13, 2017; another permit for canopy and fence are in plan check and has not yet been approved; no response to comments of December 18, 2017, plans were turned down by Building Dept. Mr. Lind stated some engineering (by Bernardo) is required and a whole set of plans need to be made, which should be ready in a week or so. Officer Weixler stated the certificates can be removed from violations as property has been vacant. Goal is to sell the property. Decision Based on testimony, Ms. Zalman ordered an extension of 30 days to bring remaining issues into compliance. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Case No. 17-1253 Lucy Land LLC Property Address: 703 S Federal Hwy Type of Property: Commercial Violation(s): LDR CH3 ARTICLE 4 SECT 3C CO CH 10 SECT 10-52 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain required building permits for newly installed fence. Remove all vehicles from vacant lot, as site cannot be utilized for unimproved parking in the zoning districts. Officer Weixler presented the case. Notice of violation was July 10, 2017. Magistrate hearing was October 18, 2017; respondents Mary Law (owner) and Joseph Russo (tenant) appeared. Compliance date given was November 7, 2017, or $50 a day plus admin fees. Property last inspected January 9, 2018, and violation had complied. There are 64 days of non-compliance at $50 plus the admin fees $730.15, or$3,930.15. Carl Cascie, representing Lucy Land and Mary Law, presented Ms. Zalman with seven exhibits on the case. (Per Officer Weixler, the original recommendation was fourteen days at $50 a day, fine to be certified as stated above.) Mr. Cascie, who was a newly retained counsel at the time of the last hearing, noted that the case was tabled so respondents could meet with City Staff, which they did on February 13th. A review of the other exhibits was provided for Ms. Zalman, also summarized in a letter among said exhibits. Officer Weixler referenced testimony from Planning & Zoning Director Mike Rumpf, that even if someone in the Building Department who issued the license said cars were allowed to be stored on another property, it was in error, and on the date of that hearing respondent was fully notified of what the violation was and what needed to be done. The referenced lease was brought into question, which Ms. Zalman reviewed. It was verified that the violations were first noticed in June (office) and July (storage) of 2017, and subsequent hearings were attended. Mr. Cascie contended that the second page of the application for COU, which addressed the submittal of the lease, was not copied by the City as part of the evidence, and that the respondent was operating under the assumption that all was correct. Respondent complied with Board Order received on October 30, 2017, and two days later tenant began moving the business. (The respondent has lost the tenant as of November 1, 2017, who moved to Industrial Avenue.) Mr. Woods verified several statements given by Mr. Cascie as to the service of the notices on the properties in question, both of which would fall to the owner of the properties, not the tenant, and what needed to be done to come into compliance. Further disputed was that Ms. Law was aware of the situation by written and verbal notices, and it was not that she could not comply, but that she refused to do so, and what brought the matter to the point before the magistrate today. Also, that there is no evidence that any lease was submitted to the City, as testified to by City professionals at previous hearing, rather that a document that stated, "Owner's permission in lieu of a lease." City presents the facts Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 that 1) City was never provided anything that said there would be vehicles parked on 703 (Federal Hwy), 2) the application was only for 625 (Federal Hwy), and 3) Mrs. Law was never cited for not having a license for 625, it was for not having a license and COU at 703. Ms. Zalman discussed and explained the certification process currently under way. Mr. Cascie was informed of the lien reduction process, but that there is no legal right for a reduction, rather that it is a benefit that the City provides. Mary Law, owner, attempted to give evidence; however, Ms. Zalman stated the case has been found already, the property was not compliant, and the fine certification made. Decision Based on testimony, Ms. Zalman certified the fine at $2,880 plus $730.15 admin costs. Case No. 17-1058 LVS Title Trust US Bank Nat'l Property Address: 3643 SE 2nd St Type of Property:. R1 Single family Violation(s): CO CH10 SECT 10-51 INCL All property that is vacant or subject to current notice of default must be registered with the City. All property that is vacant or subject to current notice of default must be maintained in accordance with property maintenance regulations as adopted by the City of Boynton Beach. Permits are required for shed in back yard, and the fence. Remove boat trailer from property. Remove unregistered vehicles from property. Officer Scott presented the case. Notice of violation was June 22, 2017. Magistrate hearing was September 20, 2017, no one appeared. Compliance date given was November 4, 2017, or $100 a day plus admin fees. Property last inspected February 13, 2018. All violations have complied. Number of days for non-compliance 100 days at $100 per day plus administrative fees of $538.09, or $10,538.09. City recommends because this is a foreclosed property, it did take time for compliance, that the fine be reduced to admin fees only. Leonard Townsend, Esq., attorney for lender US Bank, explained this is still a foreclosure, and lender does not own the property yet. The lender was not made aware of the violation until received on November 28, 2017, and did appear at the January 2018 hearing. Ms. Zalman ascertained that notices were being received by one law firm or another for the bank the entire time. Decision Based on testimony, Ms. Zalman certified the fine at $8,500 plus admin fee $538.09. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Case No. 17-322 Woodcliff Washington LLC Property Address: 100 NE 10th Ave Type of Property:. Commercial Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D1 INCL LDR CH4 ART2 SECT 4A13 LDR CH4 ART4 SECT 3 INCL Remove all trash and debris from property. Apply for and pass inspection and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Remove unpermitted banner. Property must be maintained according to the landscape plan. Officer Hart presented the case. Notice of violation was March 9, 2017. Magistrate hearing was October 18, 2017, no one appeared. Compliance dates given for three orders were 1) November 9, 2017, at$250 a day plus admin fees; 2) November 27, 2017, $100 a day plus admin fees; 3) November 27, 2017, Cease & Desist$250 per occurrence (Cease & Desist not being pursued). Property last inspected February 20, 2018. All violations have complied with exception of removal of trash and debris. For order#1 120 days of non-compliance and fine continues to accrue at $250 a day plus admin fees of $634.12, or $30,634.32; Order #2 complied on February 15, 2018, 114 non-compliance at $100 a day plus admin fees of $634.12, or$12,034.12. Hugo Garcia, Esq., attorney for owner, presented before and after photos, noting No Trespassing signs on trash bins, and requesting more police officers go by to make sure third parties are not throwing trash into the bins. Some question as to who exactly is responsible for the trash continually being out of control. Ms. Zalman reviewed the photos. A gravity lock for the dumpster was recommended to keep third parties out of the dumpsters. Dead palm trees were removed and replaced. Decision Based on testimony, Ms. Zalman certified for Order#1 $28,750 plus$634.15 admin costs; Order#2 $1,110 plus $634.12 admin costs. Lien Reduction Hearings Case No. 11-3076 Karen Campbell & Ignatius Rodriguez Property Address: 204 NW 1 st Ave Type of Property: Vacant lot Violation(s): For code sections as stated Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Officer Pierre presented the case. Notice of violation was not given. Magistrate hearing was December 21, 2011, no one appeared. Compliance date given was December 31, 2011, or $100 a day. Date complied May 24, 2013. Number of days for non-compliance 509 days of non-compliance at $100 a day, for total fine of $50,900, plus admin fee. Property was vacant and overgrown for a long time. [Related Case 12-1898] Mack Bernard, Esq., attorney for owners, stated the property was purchased in December 2010, when there was a house on the property, which was demolished. At the time of closing the title company put the wrong address, instead of the correct address in Antigua. Continued difficulties in changing address resulted in giving address for relatives in Boynton Beach to forward to owners. Since 2013 have hired landscapers to cut grass. Property value is $44,513 for just the land. Administrative costs are $884.12; fine for related case is over $25,000. Mr. Bernard proposed paying half the admin costs or $442.06. Decision Based o^ testimony, Ms. Zalman reduced to $5,090 plus $730.15 administrative costs. Case No. 12-1898 Karen Campbell & Ignatius Rodriguez Property Address: 204 NW 1 st Ave Type of Property: Vacant lot Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation September 9, 2012. Magistrate hearing was November 19, 2012, no one appeared. Compliance date given was November 29, 2012, or $150 a day. Date complied May 24, 2013. Number of days for non-compliance 175 days of non-compliance at $150 a day, for total fine of$26,250, plus admin fee. Ms. Zalman ascertained that the owner had not been in contact with the City until lien reduction process began. [Related Case 11-3076] Mack Bernard, Esq., attorney for owners, noted the same facts as Case 11-3076, citing the liens are more than the value of the property. Mr. Bernard proposed paying half the admin costs or $442.06. Decision Based on testimony, Ms. Zalman reduced the fine to $1,312.50 plus$730.15 admin costs. Case No. 14-1970 240 LLC Property Address: 240 6t" Ave Type of Property: Commercial (parking lot) Violation(s): For code sections as stated Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Officer Pierre presented the case. Notice of violation August 19, 2014. Magistrate hearing was November 15, 2014, no one appeared. Compliance date given was November 30, 2014, or $150 a day. Date complied December 5, 2017. Number of days for non-compliance 1,131 days of non-compliance at $150 a day, for total fine of $169,640, plus admin fee. Tom McCord, managing member, stated this was first brought to his attention in December 2017 when selling the adjoining property at 617 NE 3rd St. Original notice went to registered agent who did not notify Mr. McCord, or it would have been addressed immediately. Officer Pierre confirmed the compliance was as stated by respondent; however, Mr. McCord had no proof or affidavit that notice was not forwarded by registered agent as claimed. Ms. Zalman tabled this item to later in the hearing, awaiting City recommendation for reduced fine. Decision Based on testimony, Ms. Zalman reduced the fine to $3,500 plus $730.15 admin costs. Case No. 16-892 Hillsborough Real Estate Investment LLC Property Address: 1120 S Seacrest Blvd Type of Property: Single-family, non-homesteaded Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was May 10, 2016. Magistrate hearing was June 15, 2016, no one appeared. Compliance date given was June 30, 2015, or $100 a day. Date complied January 5, 2017. Number of days for non- compliance 188 days of non-compliance at $100 a day, for total fine of $18,800, plus admin fee. Richard Lewis, managing member, stated tenants were on property when fines started to occur, windows needed repair but had to be replaced and there were access issues to the property. Once property was vacated August 2017, the rest of the fines were addressed. Costs for repairs to property were $22,000; Mr. Lewis asked for this to be considered in reducing the lien. Discussion between Ms. Zalman, Officer Pierre, and Mr. Lewis as to cooperation working with City to correct additional issues found during inspections to bring property into compliance. Property is now for sale ($215,000, $35,000 in renovations plus $22,000 stated earlier); respondents are not applying for a BTR. Decision Based on testimony, Ms. Ellis reduced the fine to $9,400 plus $730.15 admin costs. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Case No. 15-1469 Flagstar Bank Property Address: 2627 NE 4th Ct Type of Property: Single-family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation June 18, 2015. Magistrate hearing was September 19, 2015, no one appeared. Compliance date given was February 29, 2016, or$100 a day. Date complied May 15, 2017. Number of days for non-compliance 624 days of nen-compliance at $100 a day, for total fine of $62,400, plus admin fee. Andrew Marcus, Esq., attorney for owner, stated had been in communications with Officer Pierre since May 2017 and various Staff on this case. Reduction of lien was discussed, considering some discrepancies in compliance dates, and it was recommended by City to reduce to $3,000 plus admin costs. Decision Based on testimony, Ms. Zalman reduced the lien to $3,000 plus $730.15 admin costs. Fine Certifications Case No. 17-497 EBMD Corp Property Address: 623 SW 3rd Ave Type of Property: R1A Single family Violation(s): For Code Sections as stated Officer Cain presented the case, stating this case has complied. Case No. 17-1620 Renel & Elude Sylvain Property Address: 433 SW 10th 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 after the printed order, or $75 day. Decision As no one appeared, Ms. Zalman ordered 30-day compliance as stated on the Board Order, or $75 a day. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Case No. 17-1623 Dena Debusk Property Address: 118 NW 14th St 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 $50 day. Decision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-2433 Duane S & Faith D Cyr Property Address: 134 SE 9th Ave Type of Property: R1 A Single family Violation(s): For Code Sections as stated Officer Weixler presented the case. Signed green card received January 26, 2018. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-2467 R Diane Copeland Trust Property Address: 902 S Seacrest Blvd. Type of Property: R2 Duplex Violation(s): For Code Sections as stated Officer Weixler presented the case. Service posted on property February 9, 2018. City recommended a 15-day compliance after the printed order, or $25 day. Decision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or $25 a day. Case No. 17-1779 Emile Moise Property Address: 50 NE 28th Ct Type of Property: R1 Single family Violation(s): For Code Sections as stated Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Officer Spence presented the case. Notice posted on property and at City Hall February 9, 2018. City recommended a 10-day compliance after the printed order, or$25 a day. Decision As no one appeared, Ms. Zalman ordered 10-day compliance as stated on the Board Order, or $25 a day. Case No. 17-2259 Minnie P Mitchell Est Property Address: 416 NW 11 th Ave Type of Property: R2 Duplex Violation(s): For Code Sections as stated Officer Cain presented the case. Notice posted on property and at City Hall February 9, 2018. City recommended a 30-day compliance after the printed order, or$50 a day. Decision As no one appeared, Ms. Zalman ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-2344 US Bank Trust NA Tr Property Address: 1063 Fosters Mill Rd Type of Property: Single family Violation(s): For Code Sections as stated Officer Guim presented the case. Signed green card received January 17, 2018. City recommended a 10-day compliance after the printed order, or $50 a day. Decision As no one appeared, Ms. Zalman ordered 10-day compliance as stated on the Board Order, or $50 a day. Case No. 17-798 Jean C Saint Fort Property Address: 518 NE 2nd St Type of Property: R2 Duplex Violation(s): For Code Sections as stated Officer Cain presented the case, stating the compliance date was November 24, 2017. City requested the order be amended to extend compliance date to March 15, 2018. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Decision As no one appeared, Ms. Ellis extended the compliance date to March 15, 2018. Case No. 17-837 Bham Partners LLC Property Address: 1310 N Federal Hwy Type of Property: C4 General Commercial Violation(s): LDR CH4 ART3 SECT 11 Repair and paint fence at rear of property. Officer Cain presented the case. Notice of violation July 12, 2017. Magistrate hearing was October 18, 2017, respondents did appear. Compliance date given was December 9, 2017, or $100 a day plus admin fees. Property inspected February 15, 2018, violation no longer exists. Date complied May 15, 2017. Number of days for non-compliance 38 days at $100 a day, plus $634 admin fee. Decision As no one appeared, Ms. Zalman certified the fine at $3,800 plus $634 admin costs. Case No. 17-1080 Lansky Heritage Holdings LLC Property Address: 189 SE 27th Place Type of Property: R1AA Single Family Violation(s): CO CH15 SECT 15-120D INCL CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL De-weed driveway and mow yard. Obtain Business Tax Receipt. Obtain Certificate of Use and Occupancy. Business Tax Receipt. Officer Scott presented the case. Notice of violation date September 13, 2017. Magistrate hearing date November 15, 2017, no one appeared. Compliance date December 28, 2017. Fine proposed by Magistrate was$75 a day plus administrative fees. Property last inspected February 13, 2018, violations still exist. Number of days of non- compliance 52 days at $75 a day, plus administrative fees, total of$4,534.12. Decision As no one appeared, Ms. Zalman certified the fine as recommended by City. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Case No. 17-128 Eric Foster and E&M Anker Property Address: 417 SW 1St Ave Type of Property: R1 Single family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case. Notice of violation date ,lune 28, 2017. Magistrate hearing date November 15, 2017, no one appeared. Compliance date December 9, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected February 8, 2018, and violations complied. Number of days of non-compliance 62 days at $50 a day, plus administrative fees of $730.15. Decision As no one appeared, Ms. Zalman certified the fine as recommended by City. Case No. 17-471 Boynton Partners LLC Property Address: 204 SW 3rd Ave Type of Property: R3 Multi famiy Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH10 SECT 10-56B CO CH10 SECT 10-56D CO CH10 SECT 10-56E CO CH10 SECT 10-59D A permit is required for hot water heater (complied) Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Repair or replace broken walkway at front door. Repair broken tile and soft floor (unverified). Repair water damaged window casing on exterior of property (unverified). Repair covered downspouts to move water away from foundation (unverified). Electrical breaker box must have cover (unverified). Officer Hart presented the case. Notice of violation date April 10, 2017. Magistrate hearing date November 15, 2017, no one appeared. Compliance date December 14, 2017. Fine proposed by Magistrate was $200 a day plus administrative fees. Property last inspected February 21, 2018, and violations still exist (with exception of water heater permit). Number of days of non-compliance 70 days, continues to accrue at $200 a day, plus administrative fees of$730.15. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 Decision As no one appeared, Ms. Zalman certified the fine as recommended by City. Case No. 17-766 Charlene N Stimely Property Address: 2553 SW 10th Court Type of Property: R1AA Single family Violation(s): CO CH10 SECT 10-52 CO CH15 SECT 15-120D INCL CO CH15 SECT 15-120E INCL CO CH10 SECT 10-56D CO CH10 SECT 10-56G Mow the property, trim bushes, sod bare areas in front yard, remove trash and debris, repair facia board, repair broken fence, remove recycle bins and garbage can from public view, remove loose tile from front and rear yard, and remove debris. Officer Guim presented the case. Notice of violation date May 11, 2017. Magistrate hearing date September 20, 2017, no one appeared. Compliance date October 14, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected February 20, 2018, and violations are complied. Number of days of non- compliance are 139 days at $50 a day, plus administrative fees of$634.12. Officer Guim has been working with elderly owner, property is large and difficult to maintain, and could not leave house to appear. City recommends lowering fine. Decision Ms. Zalman certified there is no fine, but owner pay one-half of admin costs, or $317.06. Case No. 17-1449 Top Rental LLC Property Address: 1633 N Seacrest Blvd Type of Property: R1 Single family Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 INCL CO CH13 SECT 13-120D INCL CO CH10 SECT 10-2 Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Remove dead vegetation. Remove outdoor storage. Officer Guim presented the case. Notice of violation date September 5, 2017. Magistrate hearing date November 15, 2017, no one appeared. Compliance date December 29 Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida FEBRUARY 21, 2018 2017. Property is not in compliance, violations still exist. Number of days of non- compliance are 54 days. Decision As no one appeared, Ms. Zalman certified the fine as recommended by City. II. CHANGES TO THE AGENDA Item Case No. Status 2 17-800 Removed for 30 days 3 17-266 Removed for 30 days 4 17-1157 Removed for 60 days 8 17-1913 Removed for 60 days 13 18-34 Complied 14 17-1399 Removed 15 17-1536 Removed for 30 days 17 17-1933 Com plied 18 17-2347 Complied 19 17-2368 Complied 21 17-1965 Removed for 30 days 23 17-1081 Removed for 30 days 24 17-1840 Complied 26 17-1827 Removed for 30 days 27 17-2311 Removed for 30 days 38 17-453 Closed 39 17-454 Closed 40 17-465 Closed 41 17-466 Closed 42 17-467 Closed IV. ADJOURNMENT Ms. Zalman concluded the hearing at 11:39 a.m. [M. Moore, Prototype Inc.] Page 18