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Minutes 01-17-18 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, JANUARY 17, 2018, AT 9 A.M. PRESENT: Carol Dutra Ellis, Community Standards Special Magistrate Mark Woods, Community Standards Director Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Assistant I. CALL TO ORDER Carol Ellis, Community Standards Special Magistrate, called the Hearings to order at 9:10 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. CHANGES TO THE AGENDA Item Case No. Status 3 17-1970 Removed 4 17-1288 Removed 5 17-1577 Complied 6 17-1620 Removed 9 17-1913 Removed 10 17-1957 Complied 12 17-2036 Removed 14 17-2138 Complied 15 17-2198 Closed 16 17-2252 Removed 19 17-1326 Removed 20 17-1402 Removed 21 17-1716 Complied 24 17-2339 Complied 25 17-1985 Complied 28 17-1068 Removed Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Item Case No. Status 29 17-1075 Removed 31 17-1482 Removed 38 17-1587 Complied 39 17-1647 Complied 41 17-837 Tabled to 02/21/18 44 17-700 Tabled to 02/21/18 55 17-1137 Tabled to 03/21/18 57 17-128 Tabled to 02/21/18 64 17-766 Tabled to 02/21/18 ROLL CALL III. NEW BUSINESS Fine Certifications Case No. 17-845 James M Landwerlen Property Address: 221 SE 2nd Ave Type of Property: Single-family, non-homesteaded Violation(s): SECT 4-32 Leash law, properly secure dogs at all time SECT 4-36 County registration for license tag proof SECT 4-37 Rabies vaccinations Officer Roehrich presented the case. Notice of violation sent May 23, 2017. Magistrate Hearing July 19, 2017, no one appeared. Cease and Desist Order issued effective immediately or$500 fine per occurrence. The violations still exist on a somewhat random basis. Number of days non-compliance is three days for total $1,846.03. Officer Roehrich showed photographs to Ms. Ellis of dog running loose per leash law violation; the person who took the photos is present. The property owner does not respond to Officer Roehrich's phone calls, the tenant/dog owner is unreasonable and uncooperative, neighbors feel threatened by dog. Kyla Ross, neighbor at 230 SE 2nd Ave., stated the dog is out of control on a constant basis. Fence was put up, taken down, moved, and put up improperly, propped against trash cans and boards. Ms. Ross is frightened, has two dogs of her own, and the dog comes up on her porch, sniffing at her door, fears the dog will eventually bite somebody. Dana Cook, neighbor at 226 SE 2nd Ave., took pictures as stated by Officer above, and has witnessed many more instances. Dog has bared its teeth to Mr. Cook several times; is fed up with cleaning up feces in the yard; does not allow the dog or owner anywhere near his property; and is taking action to resolve this matter legally. Also believes the dog will bite somebody. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Based on testimony, Ms. Ellis ordered the lien to be certified on the property. Case No. 17-1027 Boynton Beach Mall, tenant Property Address: 801 N Congress Ave Type of Property: Commercial Violation(s): CO CH9 ARTICLE 2 SECT 9-22 NFPA 1 CH9 SECT 11.1.6.2 NFPA 101 CH9 SECT 7.10.5.2.1 NFPA 101 CH9 SECT 8.3.3.3 NFPA 101 CH9 SECT 37.3.5.3 Violations pertaining to fire extinguishers, exit pathway, fire doors not self-closing, improper use of extension cords. John Moore, Assistant Fire Marshal, presented the case. Notice of violation June 16, 2017. Original Magistrate Hearing August 16, 2017. Respondeat did appear, Ed Boylea, General Manager, Boynton Beach Mall. Compliance date September 19, 2017. Fine proposed was $300 per day plus administrative fees. Property finally inspected and passed October 12, 2017. Twenty-two days of non-compliance at $300 per day, for total $6,600 plus$634.12 administrative fees. Respondent is not present; Mr. Moore suggests administrative fees, holding, and that $6,600 seems high for something that was taken care of three weeks later; however, with Mall respondent not present and several other properties in the code-enforcement process, rather it be halved to $3,300 in addition to administrative fees. Mr. Moore has not had any contact since it complied back in October. Decision Based on testimony, Ms. Ellis certified the lien at $3,300 plus administrative fees. Case Hearings Case No. 17-804 Pierre Soliny Property Address: 612 NE 2nd St Type of Property:. Single-family, non-homesteaded Violation(s): CO CH15 SECT 15-120D INCL Install sod in yard. Officer Cain presented the case, which was a routine inspection. Initial inspection date May 5, 2017. Not a repeat violator. Initial written notice was August 30, 2017. Thirty days were given to comply. Date property last inspected January 4, 2018. Property last inspected January 16, 2018. There is no health and safety hazard. City recommended 30 days from printed order for compliance, or$50 a day. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Pierre Soliny, owner, via translator, understands the nature of the violation, that sod needs to be installed in yard. Ms. Ellis instructed the owner understands there are 30 days given to comply, and there will be a $50 a day fine on the property for failure to do so. An extension to 45 days was requested. Decision i Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or$50 a day. Case No. 17-1964 Iris Matias Property Address: 451 W Ocean Ave Type of Property: Single-family, non-homesteaded Violation(s): LDR CH2 ARTICLE 4 SECT 282 CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Mow and trim all overgrowth on property. Building permit required for addition/efficiency living quarters. Resolve unsafe electrical service within five days allotted by Electrical Inspector's Red Tag using a licensed electrical contractor with a building permit. Officer Hart presented the case, which was a City referral. The initial inspection date was October 6, 2017. Initial written notice issued October 6, 2017. Ten days given to comply. Notice sent Certified Mail November 27, 2017. Green card dated December 5, 2017. Tenants are still living in the home. Property has been mowed; but building permits have not been applied for. Property last inspected January 16, 2018. This is a health and safety hazard. City recommended 30 days from printed order for compliance, or $250 a day. Ms. Ellis ascertained that no application for the Certificate of use has yet been made. Officer Hart has communicated with owner that he can work with her once eviction process has begun, but it hasn't yet. Unsafe electrical service continues; during the hurricane a tree fell and knocked the electrical meter partially off the house. Iris Matias, owner, understands the nature of the remaining violations and what needs to be done. Ms, Matias stated cannot afford the electrical repairs at the moment. Tenant is not paying rent; they had moved out and then came back after the hurricane and changed the locks. Ms. Matias has been talking with an attorney to start eviction, who suggested rather a writ to eject which would be faster. Officer Hart had photos of the electrical meter for Ms. Ellis to review. Ms. Matias has owned the property since 1985- 86; and has been renting it out to her children so did not realize she needed permit. Has been renting to others since March 10, 2017, without a BTR. Owner intends to sell after Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 tenants are evicted, can no longer manage the property after having two strokes, and still has a mortgage on the property. Ms. Ellis gave seven days compliance (receipt of filing) and stressed importance of evidence that either an eviction or ejectment of illegal tenants. Even if house is vacant, the electrical issue must be resolved; but the BTR or COU is not needed if property is not being occupied. Decision Based on testimony, Ms. Ellis ordered 7 days compliance for evidence of ejectment or eviction, and 30 days as stated on the Board Order to resolve electrical hazard, or $200 a day. Case No. 17-2304 South Florida Property Property Address: 200 Knuth Rd, Unit 244 Type of Property: Commercial Violation(s): LDR CH2, ARTICLE 4 SECT 2A2 Unit 244 has been divided into two separate spaces without a permit, must obtain required permits. Officer Hart presented the case, which was a City referral. The initial inspection date was November 7, 2017. Not a repeat violator. Initial written notice issued November 28, 2017. Ten days were given to comply. Notice sent Certified Mail December 6, 2017. Green card dated December 11, 2017. This was a Red Tag from Building Department. Permits have not been applied for. Property last inspected January 16, 2018. City recommended 30 days from printed order for compliance, or $100 a day. Officer Hart has not been to the suite, and is relying on Red Tag from Building Department, which was given to Ms. Ellis. Warren Izard, managing member of LLC, understands nature of complaint, and has documents to provide to Ms. Ellis. Has been emailing Shane Kittendorf of Building Department about this matter, and thought it was a suite number labeling issue because suite being tagged does not look anything like drawing sent from 1992, and nothing was submitted since then. When building was purchased in February 2001, a full title search was done and no problems of this nature were reported. Mr. Izard thinks the image is of a completely different area of the building listed in the records as Unit 244, contrary to what the Owner has when purchased. Ms. Ellis was inclined to table the matter to next month until someone from the Building Department could be present, to ascertain if suite number is correct. Officer Hart was not aware Mr. Izard had been in contact with Mr. KittendorF. It is possible it may be resolved without Ms. Ellis' input. Decision Based on testimony, Ms. Ellis tabled the matter to February 21, 2018. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Case No. 17-1062 Carline Saint Felix Property Address: 2930 SE 2nd St Type of Property: Duplex, homesteaded Violation(s): CO CH 15 SECT 15-120D Mow all overgrowth in yard and sod bare areas. Repair broken window. Remove all outside storage, trash, and debris, including appliances, from property. Officer Scott presented the case, which was a routine inspection. Initial inspection date June 19, 2017. Not a repeat violator. Initial notice posted via door-hanger June 13, 2017. Thirty days were given to comply. Proof of service posted January 4, 2018. Officer Scott has facts about the case; but has no contact with property owner. Date property last inspected January 10, 2018. City recommended 30 days from printed order for compliance, or $150 a day. There are previous liens on the property, but no one has reached out to Officer Scott on any of the notices sent out. Carline Saint Felix, owner, understands the violations, but claims did not receive the first notice. Now that she knows, will take care of it within 30 days. Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $100 a day. Case No. 17-2125 B & J Catering Property Address: 2201 S Federal Hwy Type of Property: Commercial Violation(s): LDR CH2 ARTICLE 5 SECT 2A Sign permit required, obtain permit for banner or remove it. Officer Scott presented the case, which was a routine inspection. Initial inspection date October 20, 2017. Not a repeat violator. Initial written notice of violation was October 23, 2017. Fifteen days were given to comply. Date notice posted on property and at City Hall was January 4, 2018. Three specialists have spoken with Gilby's on different occasions, with citings to remove the banner. It will be taken down for a day or two, then put back out. Was removed recently a week before this hearing. Date property last inspected January 10, 2018. Not a health and safety hazard, but City recommend a Cease & Desist for compliance of$200 per occurrence. Banner permit applied for in 2016 recently expired; permit application in 2017 was denied. James Guilbeault, owner, stated this is a moot point now that the business is closed, and all signs are down. There are no plans to reopen. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Based on testimony, Ms. Ellis ordered the case be closed. Case No. 17-1916 Unforgettable Consulting, Inc. Property Address: 2219 NE 1St Lane Type of Property: Single-family, non-homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Permits expired for electrical and drywall. Permits must be reapplied for and a final inspection must be performed. Mow, trim, and de-weed all overgrowth on property. Remove all materials stored outside as well as trash and debris. Officer Hart presented the case, which was a citizen complaint. Initial inspection date September 27, 2017. Initial courtesy notice of violation was September 27, 2017. Fifteen days were given to comply. Date notice sent by Certified Mail was December 6, 2017. Green card was signed December 12, 2017. Property now vacant, under new ownership. New owner has evicted former tenants with plans to sell the property; BTR and COU not required. Outside storage, trash, and debris still exist. Permitting violations also still exist. Property last inspected January 16, 2018. City recommended 15 days from printed order for compliance, or $150 a day. Hugo Scharovsky, power of attorney from owner, presented to Ms. Ellis; translator present, if needed. Mr. Scharovsky gave background on purchase of property, was under the impression when property was purchased that there were no liens and had proof of lien search. However, Officer Hart stated the Building Department says the liens were on hold, work was begun but was never finished. Mr. Woods asked letter of proof from title company showing permits appeared closed be presented. Translator claims that roofing permit was applied for, but City lost the package. Ms. Ellis noted that sometimes title searches are incorrect, which is why there is title insurance. Noting remaining issues, respondent claims trash and debris have been cleared for the most part, mowing and trimming is nearly done. Regarding permits, City claims the permits were approved, but not closed. Though 15 days compliance were recommended, Ms. Ellis extended to 30 days to work things out with Building Department for a general contractor and electrical subcontractor. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $150 a day. Case No. 17-1513 MF Assoc Commerce Park LLC Property Address: 2901 Commerce Park Dr Type of Property: Commercial Violation(s): LDR CH4 ARTICLES 2 SECT 4, Al 3, and 11 Property to be resurfaced and restripe parking lot. Replace dumpster enclosures. Business activities to be performed inside of a building. Outside storage prohibited. Remove construction materials and plastic containers from back of building. Officer Guim presented the case, which was a routine inspection. Initial inspection date August 4, 2017. Not a repeat violator. Date notice sent by Certified Mail was December 8, 2017. Green card was signed December 15, 2017. All violations still exist. Property last inspected January 16, 2018. City recommended 10 days from printed order for compliance, or $50 a day. This commercial property rents bays for various businesses, one is a brewery that serves food outside. Tanya Eldridge, representing owner, presented authorization letter to Ms. Ellis, and stated nature of violations is understood. Ms. Eldridge has not visited the property; Ms. Ellis recommended she meet with Officer Guim to understand exactly what needs to be done. Ms. Eldridge claims that the Association has applied for the permits to do the resurfacing/striping and has a copy of the notice of commencement; and asked for a 30- day extension. Mr. Woods stated it should take at least 60 days to get through that process. Decision Based on testimony, Ms. Ellis ordered 60 days compliance for resurfacing/striping and 30 days as stated on the Board Order compliance for balance of the work, or$50 a day. Fine Certification Hearings Case No. 17-1253 Lucy Land LLC Property Address: 703 S Federal Hwy Type of Property: Single-family Violation(s): LDR CH3 ARTICLE 4 SECT 3C CO CH10 SECT 10-52 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 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 Hart presented the case. Notice of violation was July 10, 2017. Magistrate hearing was October 18, 2017; respondents Mary Law and Joseph Russo appeared. Compliance date given was November 9, 2017, or$50 a day plus admin fees. Property last inspected January 9, 2018 and violation had complied. There are 62 days of non-compliance at $50 plus the admin fees $730.15, total $3,830.15. Carl Cascie, representing Lucy Land and Mary Law, summarized the two cases, one for unpermitted fence and one for improper parking. Documentation for history of fence was shown, as well as supporting documents for use as towing and storage business, which was properly permitted and BTR and COU issued in 2016. Tax receipts and public license was issued. The respondent has lost the tenant as of November 1, 2017, who moved to Industrial Avenue. Vehicles have been moved. The relief being requested is the waiver of all the pending fines based on the respondent's belief they had always been in compliance. As Mr. Cascie had only been retained the day before the hearing, an extension was requested. Ms. Ellis ordered a written response be submitted for City Attorney's review and recommendation. Decision Based on testimony, Ms. Ellis ordered the case tabled to February 21 , 2018. Case No. 17-1372 Gregory Xiggoros Property Address: 142 SW 9t" Ave Type of Property: Single-family Violation(s): 103.5 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Obtain required building permits for new fence and carport enclosure. Expired permit 11-2220. Rental property since 2010. Officer Hart presented the case. Notice of violation was July 24, 2017. Magistrate hearing was September 20, 2017, no one appeared. Compliance date given was December 5, 2017, or$75 a day plus admin fees. Property last inspected January 16, 2018. Violations still exist. Number of days for non-compliance 43 days, and fine continues to accrue at $75 per day plus administrative fees of$730.15, or total $3,955.15. Ms. Ellis reviewed the outstanding violations with Staff: enclosure, lack of BTR and COU. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Gregory Xiggoros, owner, stated he did not attend the last hearing as he was not in Boynton Beach during the summer, did not return until November. The property was purchased at the end of 2010, and a contractor was hired to work on fence. Health emergency required a return to New Hampshire, and property was left vacant for six years. Another contractor has been hired and is having a meeting that day with City for permitting process to begin work. There has been a tenant in residence for six months. Mr. Xiggoros said he had applied for the BTR for this property as well as the one owned next door (he lives across the street from the properties). Was not aware of a COU. Ms. Ellis explained how the BTR and COU process works; and learned no inspections have taken place. However, respondent proved steps are being taken for compliance. Decision Based on testimony, Ms. Ellis tabled the case to February 21, 2018, to resolve the issues. Case No. 17-1058 LVS Title Trust US Bank Natl Property Address: 3643 SE 2nd St Type of Property: Single-family, homesteaded Violation(s): CO CH10 SECT 10-51 All property that is vacant or subject to occurring notice of a default must be 1) registered within the City; 2) maintained in accordance with property maintenance regulations. Officer Scott presented the case. Notice of violation was July 24, 2017. Magistrate hearing was September 20, 2017, no one appeared. Compliance date given was November 3, 2017, or $100 a day plus administrative fees. Property last inspected January 12, 2018. All violations still exist, but respondent has removed the boat trailer to back yard. Vehicle previously removed. Permits have not been applied for and property has not been registered. Number of days for non-compliance 73, fine continues to accrue at $100 a day, plus administrative fees of$730.15. Barrie Krumholz, Esq., representing owners, understands the nature of violations and City is requesting a lien be imposed on the property. Ms. Krumholz stated this is a foreclosure property, some of the work has been completed. Management approval of the bids of remainder of work is currently pending. Respondent requests additional time to continue the work. Officer Scott noted the original violations were due to homeless occupants in shed at rear of property, it is not enclosed and allows entrance to the yard and shed. Once shed is secured or removed, City has no problem with extra time for remaining work. Mr. Woods asked that the registration be included in the seven days given for securing or removing the shed. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Based on testimony, Ms. Ellis ordered the shed must be secured or removed within 7 days, and registration be completed. Case will be tabled to February 21, 2018, for remaining issues to be resolved, or lien will be imposed. Case No. 17-322 Woodcliff Washington LLC Property Address: 100 NE 10th Ave Type of Property: C3 Community Commercial Violation(s): Business without tax receipt, certificate of use & occupancy, appearance/maintenance, private property, site maintenance required, Landscaped, prohibit signs Officer Hart presented the case and asked that it be tabled to February 21, 2018. Mr. Woods instructed the respondent to allow the per-day order to run until the property complies, contact the inspector to verify that date, and then when returning for certification a reduced amount may be requested based on efforts. Decision Ms. Ellis tabled the case to February 21, 2018. Case No. 17-372 Design Man LLC Property Address: 430 NW 6th Ave Type of Property: Single-family Violation(s): LDR CH3 ARTICLE 5 SECT 3E Remove shipping containers from property. Officer Hart presented the case. Notice of violation was September 28, 2017. Magistrate hearing was November 15, 2017, Ramona Young and Louis Caliente [phonetic] appeared. Compliance date given was December 19, 2017, or $100 a day plus admin fees. Property last inspected January 16, 2018. Violations still exist. Number of days for non-compliance 30 days, and fine continues to accrue at$100 per day plus administrative fees of $730.15. Jason Robinson, registered agent, explained the reason for non-compliance, that he lives in the house, and bought the street years ago, doing his best to make the whole street nice. The containers are there storing project materials over the years. Mr. Woods reminded Ms. Ellis that the contents of the containers is not at issue, rather the containers themselves to be used as building material. Permit application was made December 15, 2017, but status is unknown by respondent. Discussion followed regarding the use of the containers in Mr. Robinson's design business and confusion over whether the containers are for storage or as building materials; containers cannot be removed due to handlers Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 committed to taking other containers to Puerto Rico after the hurricane, earliest available date is in April. Mr. Woods did not have a good solution, at issue is that the containers are present and need to be approved as building material by the Building Department, and their status is undetermined. This matter at hand is that the containers were cited as storage containers. Based on position of respondent, if the lien certification process is allowed to go through, respondent can get the permit and then come back and ask for relief on the back end; the City would be amenable to granting whatever relief is requested at that time. Decision Based on testimony, Ms. Ellis certified the fine, noting above discussion. Lien Reduction Hearings Case No. 11-1334 Ronald & Lela White Property Address: 1301 NW 8th St Type of Property: R1AA Single Family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was June 1, 2011 . Magistrate hearing was August 17, 2011, no one appeared. Compliance date given was August 27, 2011, or $100 a day. Date complied May 26, 2015. Number of days for non-compliance 1,367 days of non-compliance at $100 a day, for total fine of $136,700, plus admin fee. [Related Case: 13-275] Barrie Krumholz, Esq., attorney for Capital Income & Growth Fund, stated the property was a foreclosure, which her client purchased, and it may possibly be up for sale at some time. Decision Based on testimony, Ms. Ellis reduced the fine to $15,000. Case No. 13-275 Bank of America Property Address: 1301 NW 8th St Type of Property: R1AA Single family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was February 25, 2013. Magistrate hearing was May 15, 2013, no one appeared. Compliance date given was June 14, 2013, or$300 a day. Date complied May 26, 2015. Number of days for non-compliance 1,118 Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 days of non-compliance at$300 a day, for total fine of$335,400, plus admin fee. [Related Case: 11-1334] Barrie Krumholz, Esq., attorney for Capital Income & Growth Fund, stated the property was a foreclosure, which her client purchased from Bank of America in May 2017. Asking that lien be reduced to $2,000. Decision Based on testimony, Ms. Ellis reduced the fine to $15,000. Case No. 14-1794 Royal F Clark III Property Address: 1371 SW 26th Ave Type of Property: Single-family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation August 1, 2014. Magistrate hearing was September 17, 2014, no one appeared. Compliance date given was September 24, 2014, or $200 a day. Date complied January 10, 2018. Number of days for non- compliance 1,182 days of non-compliance at $200 a day, for total fine of $236,400, plus admin fee. David Corsi, President Peace of Mind Management, current owner, stated a private note was being held for Royal Clark; note was purchased, at which time it was learned that he had failed to perform under the note due to illness causing him to move back to New Jersey. Payments had not been made on taxes. Became aware of situation in January 2017, and contacted City at that time. Instead of foreclosing, it was agreed to sell the property to Peace of Mind. All violations and back taxes, liens, utilities bills were corrected. Property has been thoroughly renovated inside and out, approximately $143,000 has been spent. Purchase price $235,000; anticipated resale price $340,000. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 14-2196 Bernadette Alexander Property Address: 10 NE 19th Ave Type of Property: Single-family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date September 19, 2014. Magistrate hearing was November 19, 2014, no one appeared. Compliance date given was November 29, 2014, or $100 a day. Date complied June 6, 2015. Number of days Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 for non-compliance 204 days of non-compliance at $100 a day, for total fine of $20,400 plus administrative fees. Joseph Alexander, owner, and Duroy Henderson, property manager, stated there had been several problems with the tenants, including unpaid rent. Has owned the property approximately 10 years; it has always been a rental property. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 15-1631 Broadtree Homes Florida LLC Property Address: 4 Whitehall Way Type of Property: PUD Planned Zoned District Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date July 9, 2015. Magistrate hearing was July 16, 2015, no one appeared. Compliance date given was September 26, 2015, or $100 a day. Date complied April 1, 2016. Number of days for non- compliance 187 days of non-compliance at $100 a day, for total fine of $18,700 plus administrative fees. Jerron Kelley, attorney for current owner and former owner Broadtree Homes, and Cindy Pisella, property manager for Broadtree Homes, gave timeline and documents of violations and attempts to cure, including BTR for rental property. Violations were addressed in a timely fashion; however, Broadtree neglected to communicate with City for inspections. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 15-2359 Myriam Numa Property Address: 130 SW 9'" Ave Type of Property: R1 Single family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date October 20, 2015. Magistrate hearing was February 16, 2016, no one appeared. Compliance date given was March 3, 2016, or $500 a day. Date complied November 21, 2017. Number of days for non- compliance 584 days of non-compliance at $500 a day, for total fine of $292,000 plus administrative fees. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Feriel Thessa, current owner, stated the property was purchased in 2016 from a quick claim, and he has lived there with his family since it was purchased. Previous owner had it as a rental property. Unaware there was a lien until refinancing was attempted. The house is in full compliance. Current mortgage is $850. Decision Based on testimony, Ms. Ellis reduced the lien to administrative costs of $730.15. Case No. 16-42 TAH 2015 1 Borrower LLC Property Address: 432 NE 15th Court Type of Property: Single-family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date January 5, 2016. Magistrate hearing was February 17, 2016, no one appeared. Compliance date given was February 27, 2016, or $300 a day. Date complied January 10, 2018. Number of days for non- compliance 682 days of non-compliance at $300 a day, for total fine of $204,600 plus administrative fees. Jean Morisset, owner, stated the property was originally purchased in foreclosure as an investment property, but did not do due diligence to discover if there were liens. The Morissets have been living there while taking care of violations and renovations for past seven months. Purchase price was $180,000. Approximately $53,000 repair costs. Have decided to continue living there while renting out their own home in Lake Worth to recover costs. Decision Based on testimony, Ms. Ellis reduced the lien to administrative costs of$730.15. Case No. 16-161 J & M Equity Investments LLC Property Address: 116 NW 14th Ave Type of Property: R1 Single family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date January 14, 2016. Magistrate hearing was March 16, 2016, Jean Joseph appeared. Compliance date given was March 31, 2016, or $100 a day. Date complied November 30, 2016. Number of days for non- compliance 243 days of non-compliance at $100 a day, for total fine of $24,300 plus administrative fees. Mack Bernard, attorney for owner, stated the respondent had moved and the registered address was incorrect, so notice was not received. However, as soon as violation was discovered it was cured. J&M Equity owns two properties in Boynton Beach, there are Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 no violations on the other property. Ms. Ellis noted that the respondent did at least appear at the previous hearing, showing some effort on their part. Decision Based on testimony, Ms. Ellis reduced the lien to administrative costs of $730.15. Case No. 16-634 Edith & Jean C Masson Property Address: 150 NE 15th Ave Type of Property: R1 Single family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date March 23, 2016. Magistrate hearing was June 15, 2016, no one appeared. Compliance date given was June 25, 2016, or $250 a day. Date complied November 13, 2017. Number of days for non- compliance 505 days of non-compliance at $250 a day, for total fine of $126,250 plus administrative fees. Edith Masson, owner, stated she purchased the property for $145,000, originally lived in property; however, it is currently a rental property. Apologizing for delay, did not get the notice; as soon as learning of violations took responsibility to restore the yard ($1,900 total), $500 to paint house. Decision Based on testimony, Ms. Ellis reduced the lien to administrative costs of $730.15. Fine Certifications Case No. 17-584 TRU 2005 RE 1 LLC Property Address: 601 N Congress Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Cain presented the case. City recommended a 60-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 60-day compliance as stated on the Board Order, or $100 a day.. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Case No. 17-1643 Paul Felimise & Jean Souverain Property Address: 112 SW 14th 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$200 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or$200 a day. Case No. 17-1804 Erika Marcus Property Address: 1101 SE 3rd St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or$100 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $100 a day. Case No. 17-2059 Boynton Partners LLC Property Address: 600 SW 1St St Type of Property: R3 Multi family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $250 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $250 a day. Case No. 17-2353 Tara Lakes Homeowners Assn Inc Property Address: East Tara Lakes Drive Type of Property: R1AA Single Family Violation(s): For Code Sections as stated Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Officer Hart presented the case. City recommended a 30-day compliance after the printed order, or $250 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $250 a day. Case No. 17-1791 John P Loudin Property Address: 2991 Ocean Pkwy Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Spence presented the case. City recommended a 15-day compliance after the printed order, or $50 a day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or$50 a day. Case No. 17-1823 Pedro Trevino Property Address: 2322 NE 3rd St Type of Property: R1A Single family Violation(s): For Code Sections as stated Officer Spence presented the case. This is a health and safety hazard. City requesting a board-up to abate the nuisance. Decision As no one appeared, Ms. Ellis ordered an immediate board-up of the property, or $500 a day. Case No. 17-1507 Henry J Woods Estate Property Address: 261 NE 16th Ct Type of Property: R1 Single family Violation(s): For Code Sections as stated Officer Guim presented the case. City requests case be removed. Decision Ms. Ellis ordered the case be removed. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Case No. 17-1389 Kristyn Manzi Property Address: 2512 SW 13th St Type of Property: R1AA Single 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. 17-1974 Sylvia Pierre Property Address: 2309 S Federal Hwy, Unit 7 Type of Property: R3 Multi familu Violation(s): For Code Sections as stated Officer Scott presented the case. This is a health and safety hazard. 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. 17-409 Yellowbeard Inc Property Address: 1022 N Federal Hwy Type of Property: 4 General Commercial Violation(s): For Code Sections as stated Officer Hart 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. 17-613 Josephine Daffin Property Address: 315 NW 10th Ave Type of Property: R1 A Single family Violation(s): For Code Sections as stated Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Officer Hart presented the case. City recommended a 60-day compliance after the printed order, or $250 day. Decision As no one appeared, Ms. Ellis ordered 60-day compliance as stated on the Board Order, or $250 a day. Fine Certification Hearings Case No. 17-120 C F Woolley Property Address: 1486 SW 7th Ave Type of Property: R1AA Single family Violation(s): CO CH10 SECT 10-56D LDR CH4 ARTICLE 3 SECT 11 LDR CH15 ARTICLE 9 SECT 15-120 Due to collapsed seawall, repair seawall that is in disrepair. A permit is required. Officer Cain presented the case. Notice of violation date March 13, 2017. Hearing date October 18, 2017, no one appeared. Compliance date within 30 days of Board Order. Fine proposed by Magistrate was $100 a day plus administrafive fees. Violation still exists. Property last inspected January 16, 2018. Number of days of non-compliance 54 days at $100 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-1708 AIG Enterprise Corporation Property Address: 3180 Orange Street Type of Property: Unknown Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Required permits must be obtained for kitchen renovation, water heater, wash & dryer, and back yard low-voltage work, and possible new roof and door on porch renovation. Officer Hart presented the case. Notice of violation date November 15, 2016. Hearing date March 15, 2017, no one appeared. Compliance date April 17, 2017. Fine proposed by Magistrate was $150 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance 276 days at $150 a day, plus administrative fees of $730.15. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-651 TSM Investments LLC Property Address: 3265 E Palm Drive Type of Property: R1 AA Single family Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH15 SECT 15-120D INCL CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH10 SECT 10-56D CO CH10 SECT 10-58A CO CH10 SECT 10-58D CO CH10 SECT 10-59A CO CH10 SECT 10-59C CO CHI SECT 10-59E CO CH10 SECT 10-60D Bring home into a safe and sanitary condition, obtain all required building permits for structural, electrical, plumbing, and mechanical repairs required for home to be up to current building code. A Certificate of Use and Business Tax Receipt are required for rental of this home. Sod the front yard, remove all outside storage, trash and debris. Address number on house must be no less 4" numbers visible from city street. Repair or remove broken fence surrounding property. Officer Hart presented the case. Notice of violation date April 19, 2016. Hearing date April 16, 2017, Solomon Gloude [phonetic] did appear. Compliance date October 3, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance 107 days at $50 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-974 Armelle & Gilbert Lorme Property Address: 300 SW 12th Ave Type of Property: R1AA Single family Violation(s): CO CH10 SECT 10-52 CO CH15 SECT 15-120D INCL Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 All motor vehicles are deemed inoperable and/or abandoned unless a valid and current motor vehicle license tag is affixed to each vehicle. Affix a valid and current tag on all vehicles or removed from property. Officer Hart presented the case. Notice of violation date July 21, 2017. Hearing date September 20, 2017, no one appeared. Compliance date November 29, 2017. Fine proposed by Magistrate was $25 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 50 days at $25 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-1343 Boynton Partners LLC Property Address: 414 SW 1St Court Type of Property: R3 Multi family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH 10 SECT 10-56E It shall be unlawful for any person to engage in any business, profession, or occupation required to be certified and receipted hereunder without a required inspection and local Business Tax Receipt. Prior to the issuance of the Business Tax Receipt, a person shall file an application for Certificate of Use and Occupancy with City. Abate any mold issues as well as structural repair where necessary. Officer Hart presented the case. Notice of violation date September 13, 2017. Hearing date November 15, 2017, no one appeared. Compliance date December 13, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 36 days at $50 a day, plus administrative fees of$730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-563 PAD Properties LLC Property Address: 186 SE 27t" Court Type of Property: R1AA Single family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-17 Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Apply for and pass inspection and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Officer Guillaume presented the case. Notice of violation date April 6, 2017. Hearing date October 18, 2017, no one appeared. Compliance date November 27, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Violations still exist. Number of days of non-compliance are 52 days at $75 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-1016 Kuo Yung Tzu Property Address: 532 NW 11th Ave Type of Property: R2 Duplex Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-17 Apply for and pass inspection and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Officer Guillaume presented the case. Notice of violation date June 15, 2017. Hearing date September 20, 2017, no one appeared. Compliance date October 23, 2017. Fine proposed by Magistrate was $75 a day plus administrative fees. Violations still exist. Number of days of non-compliance are 74 days at $75 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-925 Global Mobile LLC Property Address: 505 SE 21St Ave Type of Property: R3 Multi family Violation(s): CO CH2O SECT 20-6 RV Boat parking on private property. Remove boat stored on vacant lot. Officer Scott presented the case. Notice of violation date July 12, 2017. Hearing date September 20, 2017, no one appeared. Compliance date November 3, 2017. Fine proposed by Magistrate was $100 a day plus administrative fees. Property last inspected January 10, 2018, and violations still exist. Number of days of non-compliance are 73 days at $100 a day, plus administrative fees of $730.15. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Ms. Ellis certified the fine at amount set by City. Case No. 16-913 Katherine C &Waters J Bradley Property Address: 128 SW 11th Ave Type of Property: R1A Single family Violation(s): Remove tarp and repair roof. Remove all materials stored outside as well as trash and debris Officer Hart presented the-case, and asked to table the case to March 21, 2018. Decision Ms. Ellis ordered the case tabled to March 21, 2018. Case No. 17-422 Boynton Partners LLC Property Address: 532 SW 1st St Type of Property: R3 Multi family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH10 SECT 10-57E Apply for and pass inspection for a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Repair broken floor and tile. Officer Hart presented the case. Notice of violation date March 23, 2017. Hearing date November 15, 2017, no one appeared. Compliance date December 15, 2017. Fine proposed by Magistrate was $100 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 34 days at $100 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-596 Boynton Partners LLC Property Address: 401 SW 1 st Court Type of Property: R3 Multi family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Officer Hart presented the case. Notice of violation date April 11, 2017. Hearing date November 15, 2017, no one appeared. Compliance date December 15, 2017. Fine proposed by Magistrate was $100 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 34 days at $100 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-784 Louisny & Leolin Dorcin Property Address: 424 SW 9th Ave Type of Property: R1A Single family Violation(s): CO CH15 SECT 15-120D INCL Remove all materials stored outside, ladders, mattresses, chairs, etc., in carport, as well as trash and debris. Officer Hart presented the case. Notice of violation date April 8, 2017. Hearing date October 18, 2017, Louisny Dorcin did appear. Compliance date November 27, 2017. Fine proposed by Magistrate was $100 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 52 days at $100 a day, plus administrative fees of $730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-1444 Lorraine V Griffin Property Address: 151 NE 18th Ave Type of Property: R1A Single family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL Apply for and pass inspection for a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Sod all bare areas of yard visible from City street. Officer Hart presented the case. Notice of violation date July 28, 2017. Hearing date November 15, 2017, no one appeared. Compliance date December 15, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected January 16, 2018, and violations still exist. Number of days of non-compliance are 34 days at $50 a day, plus administrative fees of $730.15. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JANUARY 17, 2018 Decision Ms. Ellis certified the fine at amount set by City. Case No. 15-321 Community Deliverance Church Property Address: 202 NW 9th Ave Type of Property: R1A Single family Violation(s): 105.1 of Florida Building Code, 2010 Edition of Boynton Beach Amendments Permits are required for interior remodel and AC installation. Officer Pierre presented the case. Notice of violation date February 28, 2015. Hearing date July 15, 2015, no one appeared. Compliance date July 25, 2015. Fine proposed by Magistrate was $100 a day plus administrative fees. Violations still exist. Number of days of non-compliance are 907 days at $100 a day, plus administrative fees of$730.15. Decision Ms. Ellis certified the fine at amount set by City. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 12:15 p.m. [M. Moore, Prototype Inc.] Page 26