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Minutes 06-15-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JUNE 15, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Chris Yannuzzi, Code Compliance Coordinator I. CALL TO ORDER Carol Ellis, Special Magistrate, called the Hearings to order at 9:02 a.m. and explained her role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. She explained a fine will be imposed if the violation(s) are not corrected by the deadline. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Ellis administered an oath to all those intending to testify. III. APPROVAL OF MINUTES - NONE V. ROLL CALL (taken out of order) IV. APPROVAL OF AGENDA The following changes to the agenda were announced: Page 2, Case No. 16-316 tabled for July 20, 2016. Page 3, Case No. 16-471 tabled for July 20, 2016. Page 11, Case No. 16-709 is complied. VI. NEW BUSINESS B. Cases to be Heard - New Case No. 16-707 Champagne Dreams Properties LLC Property Address: 1311 SW 27 Avenue Type of Property: Vacant Violation(s): CO CH 10 SECT 10-56 (C) Please secure pool. The wire mesh and wood is not adequate to keep pool secure. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Officer Cain presented the case, which was a citizen complaint. The initial inspection date was April 6, 2016. It is not a repeat violator. Initial notice was April 6, 2016, by written notice. Ten days were given to comply. Green card was signed but not dated. Date of last inspection was June 14, 2016. There is a health and safety hazard. City recommended 10 days for compliance or $500 a day. Ms. Ellis reviewed the facts of the case. Mr. Yannuzzi received an email on this morning from the respondent asking for compliance saying they worked on it yesterday, but Officer Cain has a photo taken yesterday afternoon showing the pool completely uncovered and not secured. Stacie Velez, owner of the property (with her daughter), reported a pool fence was installed the prior afternoon, and presented photos. Ms. Ellis said the City will re- inspect in 10 days to examine the fence. Decision Ms. Ellis ordered a 10-day compliance of June 25, 2016, or$500 a day. Mr. Yannuzzi mentioned that the pool needs to be cleaned also. Case No. 16-624 Sunshine International of Palm Beach Inc. Property Address: 657 Riviera Drive Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 10 SECT 10-56 (D) CO CH 10 SECT 10-57 (C) CO CH 10 SECT 10-58 (D) 105.1 of the Florida Building Code, 2014 edition of the Boynton Beach Amendments. CO CH 10 SECT 10-60 (B) Fix exhaust fan in bathroom in garage, permit required for garage conversion, leak in master bedroom closet, toilet not working in garage, repair fascia board on south side, screen for sliding glass door, exterior doors in all rooms must be accessible to the outside. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was March 18, 2016. He said everything is complied except for the garage conversion permit. It is not a repeat violator. He said they have made application, but have not received the permit as of this day. Initial notice was March 18, 2016, by written notice. Fourteen days were given to comply. Green card was signed but not Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 dated. Date of last inspection was June 14, 2016. There is a health and safety hazard. City recommended 15 days for compliance or$100 a day. Ed Mullen, Property Manager, submitted a letter for evidence, dated June 14, 2016, from Sandra Puerta, Florida architect with the Construction and Architect group. Ms. Ellis read the letter into the record, which stated that the property was already in the process of obtaining a permit for the demolition of the wall. She also said there were some corrections to the demolition plans for the property. Mr. Mullen stated he received an email about a week prior that the permit was ready to pick up, but when he went to pick it up, he was informed that an additional wall had to come down. They identified that wall and are amending the permit to include it. They have to submit additional plans for that demolition. Sandra Puerta, architect and general contractor, provided a background of the case. She noted they were originally cited for an illegal bathroom, and she had to find records proving it was legal. She said they are in the process of amending the plans for the second wall and need another 30 days to comply. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or$100 a day. Case No. 16-743 Nadege Cajutse Property Address: 320 NW 4 Street Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 Sect 15-120 (D) INC CO CH 14 SECT 14-3 Boynton Beach Amendments to the Florida Building Code, 2014 Edition, 105.1 Please remove all materials stored outside as well as trash and debris. Remove over-sized truck from property. Per the red tag dated April 15, 2016, issued by the Building Department, a new fence, front door, garage door, and new fascia were installed without permits. Must secure a permit and receive all required inspections. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was April 12, 2016. It is not a repeat violator. Initial notice was April 12, 2016, by written notice. Thirty days were given to comply. Notice was sent Certified Mail May 24, 2016. The green card was dated May 27, 2016. Permits for all work have been Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 applied for, but outside storage, trash, debris, and over-sized truck still exist. Officer Hart presented photos. Date of last inspection was June 14, 2016. City recommended 15 days or $150 a day. Ms. Ellis reviewed the facts of the case. Officer Hart expressed concern about the 55-gallon drums in the back yard, not knowing what had been in them or what is in them now. Wigginson Dante, one of the owners (family-owned business), said he understood what needed to be done. Decision Ms. Ellis ordered a 15-day compliance of June 30, 2016, or$150 a day. Case No. 16-703 Anna Jaruszewski Trust Property Address: 764 Ryder Road Type of Property: Single-family home, homesteaded Violation(s): 105.1 of the Florida Building Code, 2014 edition of the Boynton Beach Amendments A permit is required for existing tiki hut, which was previously red-tagged by the Building Department. Officer Pierre presented the case, which was a City department referral. The initial inspection date was April 5, 2016. It is not a repeat violator. Notice was posted on the property and at City Hall on June 2, 2016. Date of last inspection was June 14, 2016. City recommended 30 days or $100 a day. Ms. Ellis reviewed the facts of the case. Eugene Jamroz, trustee, said he understood the violation. He hired the tiki company and asked them to pull the permit, but they said they did not need a permit. Mr. Jamroz applied for a permit in April and is now working with Zoning to resolve the problem. He presented his paperwork to the Court. Ms. Ellis stated she had been handed the following documents from the City of Boynton Beach Development Department, Building Division: the plan review comments regarding the 754 Ryder Road property permit #16-00001522. Application was made on April 6, 2016. Decision Ms. Ellis ordered a 30-day compliance of July 15, 2016, or $100 a day. VII. OLD BUSINESS B. Lien Penalty Certifications — New Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 16-347 Florida Investment & Trade LLC Property Address: 700 W. Industrial Ave Violation(s): 105.1 of the Florida Building Code, 2014 edition of the Boynton Beach Amendments Secure permits for the interior build-out done in Unit#12 as stated on the red tag dated February 16, 2016. Officer Cain presented the case. Notice of violation was March 3, 2016. Magistrate hearing and date was April 20, 2016, and a representative appeared. Compliance date and proposed fine set by the Magistrate was May 5, 2016, or $100 a day plus administrative costs. The violation still exists. The property was last inspected on June 13, 2016. As of today, there are 41 days on continued non-compliance at $100 per day plus administrative fees in the amount of$634.12. Ms. Ellis reviewed the facts of the case. Cem Ekmekci, Manager, said he applied for a demolition permit 20 days ago, and it was accepted. He is waiting for inspection and will then begin demolition. Mr. Ekmekci said he did not apply for the permit earlier because it took time to obtain a licensed contractor and have him make the plan for demolition. Ms. Ellis noted the red tag was issued in February and said there were many extensions. Decision Ms. Ellis certified the fine of$4,100 plus administrative costs of$634.12. Case No. 16-563 Mehdi & Moretza Najmabadi Property Address: 913 Meadows Circle Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INC CO CH 10 SECT 10-58 (D) Apply for and pass inspection for Business Tax Receipt License and a Certificate of Use for rental property. All plumbing fixtures shall be maintained free of leaks. Officer Hart presented the case. Notice of violation was March 9, 2016. Magistrate hearing and date was April 20, 2016, and no one appeared. Compliance date and proposed fine set by the Magistrate was April 30, 2016, or $100 a day plus administrative costs. The property was last inspected on June 14, 2016, and the Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 violation still exists. As of today, there are 46 days on non-compliance at $100 per day plus administrative fees in the amount of$634.12. Officer Hart stated he did his last rental inspection on June 10, 2016, and spoke with Mr. Najmabadi. There are still quite a few violations with missing window screens, a large hole in the guest bathroom, and some drywall work that was done without a permit. Officer Hart presented photos. Mehdi Najmabadi, owner, said he understood the violation. He said he fixed the toilet, but then was told to get the license for the rental. The house was under contract and April 29, 2016 was the closing date — he said he was selling it "as is." The property did not close, however. He got the Business Tax Receipt, but he did not have the inspection done by the closing date. Mr. Najmabadi said he was informed as to what he needed to do, and the contractor fixed "everything." Then he was informed he needed a permit for the closet drywall work, but he said the management company had performed the work. He was not clear if the property passed inspection. John Kuntzman, Deputy Building Official, stated that a permit is required for removal and inspection of the framing as well as drywall replacement. He said many issues came up after the inspection. Ms. Ellis reviewed the facts of the case, noting that one of the issues requires another permit to be applied for. Mr. Kuntzman stated that Mr. Najmabadi sent him a receipt indicating the plumbing was fixed, but there was a leak in the apartment below. Mr. Najmabadi had told him he did not need a Business Tax Receipt because he was evicting the tenant, but the tenants were still residing there several months later. Mr. Najmabadi said the tenant had been in there for a few years. Ms. Ellis confirmed that the Business Tax Receipt he now has is expired, but he has been collecting rent since its expiration. She asked the respondent why no one appeared at the April 20, 2016, hearing, and he said he did not get the notice. A signed green card dated April 4, 2016, for the hearing on April 20, 2016, was presented to Ms. Ellis by staff. Decision Ms. Ellis certified the fine of$4,600 plus administrative costs of$634.12. VI. NEW BUSINESS B. Cases to be Heard - New Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 16-710 147 SW 7 Ave LLC & All In Solutions Property Address: 146 SW 7 Ave Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INC Tenant operating an adult congregate facility without first securing a Business Tax License and a Certificate of Use. Officer Cain presented the case, which was a City department referral. The initial inspection date was April 6, 2016. It is a repeat violator. Initial notice was April 6, 2016, by written notice. Fourteen days were given to comply. Green card not signed. Date of last inspection was June 14, 2016. There is no health or safety hazard. City recommended 30 days for compliance or $100 a day. Mr. Yannuzzi advised they had the same violation in 2015. The owner had a Business Tax Receipt issue. They opened the case, and they complied. But now their tenant is in violation of the same thing. The owner would be charged with the tenant's violation. Joseph Dinof, owner of the property, asked for clarification of the violation. Mr. Yannuzzi reviewed the history of the violations on the property. Officer Cain stated that they had two violations when he went to do the inspection: install sod (complied) and obtaining a permit for a window that was installed without a permit. When the window permit issue is resolved and the lien addressed, the License can be released. Officer Cain reiterated the steps involved for the respondent to apply for the lien reduction. Mr. Yannuzzi added that Mr. Dinof would have to be in compliance by July 13, 2016, before contacting him for the lien reduction paperwork, and reminded the respondent that they had discussed this the previous week. Mr. Yannuzzi asked for the name of the tenant, and Mr. Dinof said it was Jane's Way LLC. Mr. Yannuzzi said they have applied for the Business Tax Receipt and Certificate of Use, but it is in review due to the pending lien and the window issue. Ms. Ellis advised that the permit for the window has to be approved before he can apply for a lien reduction. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or$100 a day. Case No. 16-806 DUKE PGC at Quantum 1 9 LLC & Howard Fertilizer and Chemical Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Property Address: 1107 Gateway Boulevard Type of Property: Commercial Violation(s): CO CH26 ART 4 SECT 300-306 Clean out storm drains and heavy contamination caused by Howard Fertilizer and Chemical Company. May 3, 2016 at 8:57 a.m. Officer Cain presented the case, which was a City department referral. The initial inspection date was April 25, 2016. It is not a repeat violator. Initial notice was May 3, 2016, by written notice. Three days were given to comply. Green card was signed, but not dated. Date of last inspection was June 14, 2016. There is a health or safety hazard. City did not have a recommendation at this time, but has a utility bill that analyzed the substance dumped in the drain; the bill came to $703.99; he said they will try to get that back. There is also a fine of$500 for the dumping. Ms. Ellis reviewed the facts of the case, and Officer Cain stated the property is now complied. Officer Cain presented photos. Arsenio Rosado, City of Boynton Beach Environmental Inspector, stated he conducted a routine inspection on April 25, 2016. He read from his inspection notes, which indicated a spill had occurred. He showed the notes and photos to Ms. Ellis. Mr. Rosado explained that the City was scheduled to sample the affected drain, but the drains had been vacuumed out the day before. Because the targeted drain had been vacuumed, they had to obtain a sample from the next available drain. No contaminants were found at that site. He recommended that the company provide safeguards in order to protect the storm network and the adjacent bodies of water. The safeguards would be a secondary containment/enclosure for chemicals. Ms. Ellis reviewed the facts of the case, confirming that Mr. Rosado thought Howard Chemical would have been responsible for the dump. She reviewed the utility bill of $703.99, noting that the City was asking to be reimbursed. Michael Brooks, Compliance Officer for Howard Fertilizer, said they have never had a spill in 21 years. He was not aware of the vacuum trucks coming out by Duke Realty to the property and was also unaware of any storm water system protocol. He said it was coincidental that the vacuum trucks came out at that time. Richard Swindasz, property owner, claimed the "spill" was all speculative. Mr. Rosado countered that he has photographs showing the spill. Mr. Swindasz said the photographs were not "definitive." Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Mr. Brooks stated that there would have been a dead area of grass if there had been a spill, but there is no dead grass in the area. He added the chemicals take 90 days to break down in the environment. Mr. Rosado said the spill was right in front of their enclosure. The color of the liquid around the basin was not clear, it was brown. Only storm water (which is naturally clear) is supposed to go into the drain. Mr. Brooks presented an aerial photograph showing the drains in question. Ms. Ellis asked why the City went out to inspect, and Mr. Rosado said it was a routine inspection. He reiterated the safeguards he recommended: secondary containment and enclosure. In addition, they should select a different location for loading the trucks. Decision Ms. Ellis said that the incident raises her concern, even though they have not had incidents in the past. She ordered them to implement the safeguards, but did not require payment of $703.99 for analysis (since it was a routine inspection) or $500 fine for the dumping. Case No. 16-596 J & R Creative Real Estate Property Address: 416 NE 12 Ave Type of Property: Single-family home Violation(s): CO CH15 SECT 15-120 (D) INC CO CH 10 SECT 10-56 (B) CO CH 10 SECT 10-56 (D) CO CH 10 SECT 10-56 (E) CO CH 10 SECT 10-59 (C) CO CH 10 SECT 10-59 (B) CO CH 10 SECT 10-60 (D) CO CH 10 SECT 10-60 (B) Missing smoke detectors, fix roof leaks, repair broken A/C unit and appliances. Repair faulty electric; permit may be required. Repair or remove ramp. Sod needed in yard. Repair exterior wall. Repair window screens. All crawl spaces must be secured. Remove outside storage. Remove trash and debris. Mow, trim, and weed overgrowth in back yard. Repair broken fence. All doors must be sound. Repair rotten soffit and fascia. Remove grates from windows for egress. Electrical Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 panel must be properly labeled. Repair all broken windows. Cabinets are rotten. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was April 6, 2016. It is not a repeat violator. Initial notice was March 14, 2016, by written notice. Thirty days were given to comply. Notice was posted on the property and at City Hall on June 3, 2016. Property was last inspected on June 14, 2016. City recommended 30 days or $500 a day, due to the bad shape of the property. He said there were 19 items to correct, and many had been addressed. Although it is now vacant, it is being advertised for rent. Officer Hart presented photos of the property. Ms. Ellis reviewed the facts of the case. James J. Souffrant, property owner, said he understood what needed to be done. He clarified that he is advertising that the property will be ready within the next 90 days, when the repairs are done. Ms. Ellis advised Mr. Souffrant that he will need a Business Tax Receipt before renting the property. Officer Hart told Mr. Souffrant that there were some broken outlets, and that may be why he needs a permit to do the electrical work. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or$500 a day. Case No. 16-691 Grape Leaf Park LLC Property Address: 116 NW 6 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for Business Tax Receipt License and Certificate of Use and Occupancy for rental property. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was April 1, 2016. It is a repeat violator. Initial notice was April 29, 2016, by written notice. Ten days were given to comply. Proof of service was by Certified Mail on May 16, 2016, and signed green card was May 24, 2016. A Certificate of Use inspection was done on May 13, 2016, and failed because of missing smoke detectors. Also, water heater, A/C, and fence were installed without permits, and crawl space under the house needed to be covered. Permits have been obtained for the fence and Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 water heater, but not for the A/C, to his knowledge. As of June 13, 2016, the smoke detectors were still missing. The City recommended 10 days or $200 a day. Nabil Kishk, owner, explained he is evicting the tenant and the tenant is preventing him access to the inside so that he can get a permit for the A/C. He said the tenant has a large dog, and he is evicting the tenant for non-payment. Officer Hart commented that every time that Mr. Kishk comes before the Board for a property, he never has the permits. Mr. Kishk said the tenant has not been paying rent for two months. Ms. Ellis explained the eviction process. Decision Ms. Ellis ordered a 21-day compliance date of July 7, 2016, or$200 day. Case No. 16-782 Joann Batey Property Address: 130 NW 5 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 CO CH 13 SECT 10-58 (D) Apply for and pass inspection for Business Tax Receipt License and Certificate of Use and Occupancy for rental property. Repair all faulty pipes on property. Officer Hart presented the case, which was a citizen complaint. It is not a repeat violator. Initial notice was April 18, 2016, by written notice. Ten days were given to comply. Proof of service was by Certified Mail on May 5, 2016, and green card was dated May 16, 2016. When the property was cited, it was occupied; it is now vacant. There has been no proof provided that the sewage pipe has been repaired or permit applied for or obtained for the plumbing violation. Property was last inspected June 14, 2016. This is a health and safety hazard. The City recommended 10 days or $250 a day. Ms. Ellis reviewed the facts of the case. Officer Hart said it would be a rental property again at some point. John Caya, Property Manager, stated that the property will not be rented. The owner has homesteaded the property for a near-future move-in. He said the water is turned on there, but there is no water being used. Therefore, no sewage is being created. Officer Hart noted that while the property was being rented, they had already applied for a homestead exemption. Mr. Caya said the tenants were being evicted simultaneously Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 (on April 7, 2016), and the homestead was filed on March 31, 2016. Mr. Caya said they did not have a Business Tax Receipt and Certificate of Use for the previous year. He explained there was a lien from the last year, and they did not apply for a Business Tax Receipt. Mr. Caya said Ms. Batey planned to move in there because the property is "unrentable" due to the neighborhood and crime. Officer Hart asked how long Mr. Caya had been the Property Manager, and he said since she bought the property in April, 2014. He said she has never officially lived there. Ms. Ellis said if Ms. Batey is going to live there, the pipes have to be fixed because there is potential for an environmental issue. The amount of time she lives there does not matter. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $250 a day to fix the pipes. Regarding the Business Tax Receipt, Ms. Ellis ordered proof of eviction to be provided to the City by 5:00 p.m. on June 16, 2016. Case No. 16-831 BN Estates LLC and New Standing Recovery LLC Property Address: 401 NW 13 Avenue Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INC Obtain a Business Tax Receipt and have tenants at New Standing Recovery obtain a Business Tax Receipt. Owner and tenant must apply for inspection for, and obtain a Certificate of Use and Occupancy. Officer Hart presented the case, which was a City department referral. It is not a repeat violator. Initial notice was May 2, 2016, by written notice. Ten days were given to comply. Notice was posted on the property and at City Hall on June 3, 2016. An inspection was done on the property on June 7, 2016, and failed because of multiple violations. Officer Hart had photos of the violations including broken windows, missing windows need replaced, all windows must have screens, no more than six people to reside in an ACLF (there are currently 10), smoke detectors are missing, replace torn or ripped soffit screens, remove all materials stored outside as well as trash and debris, all exterior doors must open and close properly, all new windows must be permitted, repair all rotten fascia and soffits, permits must be obtained for the air conditioner, permits must be obtained for the water heater, exhaust fans in the bathroom must work, and the lien on the property must be satisfied. Property was last inspected June 14, 2016. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Officer Hart said work had commenced on the property. The City recommended 30 days or $500 a day. Ms. Ellis reviewed the facts of the case. Both the owner and the tenant applied for a Certificate of Use, but neither one passed. Mr. Yannuzzi added there have been multiple calls for service by the Police Department and many overdoses. Officer Hart presented photos of the property. Officer Hart said there were nine Police dispatches to the property regarding suspicious people, stolen auto, critical life support, verbal threats, etc. Junior Prevalus and Ricardo Dummond, Sr. stated they were tenants operating the home. They said that the Property Manager was in the hospital. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016 to correct the violations, or $500 a day. She also ordered a Cease and Desist Order to be issued on July 15, 2016, with a $500 a day per occurrence if they continue to have occupants. All residents would have to be moved out. Case No. 16-796 Christopher R. Bero Property Address: 709 SW 29 Ave Type of Property: Single-family home, homesteaded Violation(s): LDR CH3 ART 11 SECT 6 CO CH 10 SECT 10-56 (D) Hedge and shrubbery create a visual obstruction. Trim and remove hedges to comply with a City Ordinance. Install four-inch house numbers on the building to be visible from the City street. Officer Pierre presented the case, which was a citizen complaint. It is not a repeat violator. Initial inspection was April 21, 2016. Ten days were given to comply. Notice was sent Certified Mail May 20, 2016. An inspection was done on the property on June 14, 2016. The City recommended 10 days to comply or $50 a day. Christopher R. Bero (owner) and wife Yolanda stated he had the numbers installed and had a contractor trim the hedges. He had photos. He was not sure if the hedges were in compliance. Officer Pierre said the numbers were in compliance, but the hedges were not. Officer Pierre had photos and a drawing to explain the violation to show the property owner and the Magistrate. Officer Pierre said the plants would have to be moved to the property line, as they are now in the right-of-way. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $50 a day. Case No. 16-656 Yaflag LLC Property Address: 144 SE 28 Ave Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC Remove illegal, unpermitted fence along the east side of the property. Officer Weixler presented the case, which was a citizen complaint. It is not a repeat violator. Initial inspection was March 28, 2016. Ten days were given to comply. The home was posted on June 3, 2016. The owner admitted that the father installed metal panels on the neighbor's fence. The property was last inspected on June 15, 2016. The City recommended 15 days to comply or$100 a day. David Laggim, owner, said he had been "playing phone tag" with the Officer and had not received return calls. He explained that he has neighbor problems and wanted the fence covered to keep cats from coming through holes in the fence. He also mentioned they have two dogs. He screwed old sheet metal roofing to the existing fence on his side. He said the Building Department told him the fence was too high in the front yard, so he lowered it. The next communication was a notice to appear at this hearing. Ms. Ellis advised if he has concerns about the animals, he could contact Animal Control. Mr. Yannuzzi verified that Mr. Laggim is Heather's father. Mr. Yannuzzi said he had emailed Heather back and forth, and had phone calls with her also. The neighbor was cited for the fence. He said the discussions and email indicate what needs to be done. Officer Weixler showed comparison photos he took of the fence, along with an aerial view. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-791 GE Shuping Property Address: 105 Arthur Court Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120 (D) INC CO CH 10 SECT 10-52 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Remove the two inoperable vehicles and all outside storage, trash, and debris from the property. Officer Weixler presented the case, which was a citizen complaint. It is not a repeat violator. Initial inspection was April 21, 2016. Ten days were given to comply. The home was posted on June 3, 2016. The vehicles have been taken care of: one has been removed and the other has been tagged. Outside storage, trash, and debris remain. The City recommended 30 days to comply or $100 a day. Officer Weixler presented photos. Robin and Jason Loftin, tenants, presented a notarized letter from the landlord authorizing them to appear. Ms. Ellis noted that Ms. Shuping Ge, homeowner, gave the letter to Robin and Jason Loftin to represent her during the hearing. Ms. Loftin said they do not have a garage, so they are looking into a way to enclose the carport with lattice to store some items (like the lawnmower). Officer Weixler said he recommended that they speak to the Building Department before constructing anything. He added much of the outside storage had belonged to their recently deceased father. Ms. Ellis expressed concern that the process of enclosing the carport may take more than 30 days, but Officer Weixler said he would be satisfied if they began steps to construct a storage area. Decision Based on the testimony, Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or $100 a day. They can revisit the matter if it takes longer than 30 days. VII. OLD BUSINESS B. Lien Penalty Certifications - New Case No. 16-390 Nationwide Investment Firm Property Address: 829 SW 1 Court Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INC Apply for and pass inspection for Business Tax Receipt License and a Certificate of Use and Occupancy for rental property. Have tenants apply for and pass inspection for the Business Tax Receipt License to operate an Adult Congregate Living Facility. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Officer Hart presented the case. Notice of violation was February 17, 2016. Magistrate hearing and date was April 20, 2016, and no one appeared. The compliance date and proposed fine set by the Magistrate was $200 a day starting on April 30, 2016, plus administrative fees. The property was last inspected on June 14, 2016, and the violation still exists. There are 53 days of noncompliance at $200 per day plus administrative fees of $634.12. It is a rehab facility. He did not think application had been made on either case, and inspection had not been performed. He first heard that it was operating on February 17, 2016, and there has not been police activity to his knowledge. Upon a question by Ms. Ellis, Mr. Yannuzzi stated they are not supposed to offer any services within the home, and there are only four residents. They are not regulated by any organization as a residence. Per the City, MKC has applied, but their payment is pending for both the Business Tax Receipt and the Certificate of Use and Occupancy. Guilfort Dievil, son of the property owner, stated they had applied for the Business Tax Receipt. He said they lease the property, and a family lives there. He said they plan to have a Sober Home upon eviction of the tenant. Officer Hart advised that when he cited the property, two young males came to the door. They said it was an Adult Congregate Living Facility and sober home, and asked if they were going to get kicked out. Officer Hart said it appeared to be an ACLF on February 17, 2016, and on June 3, 2016. Mr. Dievil said it was not an ALCF at this time. Ms. Ellis asked if he had a written lease with the tenants, and Mr. Dievil replied in the affirmative, but he did not have it with him. Officer Hart stated that whether or not it was a sober home, it still needed a Business Tax Receipt and Certificate of Use and Occupancy for the rental. Ms. Ellis explained the process to Mr. Dievil. Ms. Ellis asked why no one appeared for the April, 2016, hearing, and Mr. Dievil said they were not aware of it. Officer Hart said a registered letter was returned, but the property was posted on April 8, 2016. He said perhaps the tenant saw it, but he did not. Officer Hart said the letters were sent to Lorette Pierre, 777 S Flagler Drive, West Palm Beach, but Mr. Dievil said they have not been there since three years. A notice also went to MKC Investment Group at 1915 N Congress Avenue, West Palm Beach. Mr. Dievil said the 1915 should be 1949. They also sent a notice to P.O. Box 740533 in Boynton Beach. Mr. Dievil said that was the correct P. O. Box. Ms. Ellis reviewed the facts of the case, noting rent has been collected without a license since February, 2016. Decision Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Based on the testimony, Ms. Ellis certified the fine of 53 days at $200 per day plus administrative costs of$634.12. Case No. 16-514 MKC Investment Group Corp Property Address: 3260 East Palm Drive Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 ART 1 SECT 13-16 Apply for and pass inspection for Business Tax Receipt and Certificate of Use and rental of the Adult Congregate Living Facility. Officer Weixler presented the case. It was an inter-office referral from the Police Department, and Officer Weixler said there was an incident at the address. They were told it was an ACLF and they have had many occurrences. He presented a document stating that the location was never found for an occupational license. Notice of violation was March 7, 2016. Magistrate hearing and date was April 20, 2016, and no one appeared. The compliance date and proposed fine set by the Magistrate was $250 a day starting on April 30, 2016, plus administrative fees. The property was last inspected on June 14, 2016, and the violation still exists. There are 46 days of noncompliance at $250 per day plus administrative fees of$634.12. Ms. Ellis reviewed incident reports from the Boynton Beach Police Department pertaining to the subject property. Ms. Ellis asked Mr. Dievil how many homes he owns in Boynton Beach, and he said his wife and mother own less than 10 homes. He said some are rented, but some are homesteaded. Ms. Ellis remarked that this case is similar to the previous one. Mr. Dievil replied that it had to do with not receiving the mail. Ms. Ellis said he was not in full compliance. Mr. Yannuzzi stated that they had applied for the licenses earlier in this day, and the City has not done its inspection. This location was posted in the same manner as the other location on April 8, 2016, for an April 20, 2016, hearing. On June 3, 2016, it was posted for this hearing. He gave a new address for the Corporation: 8757 Baystone Cove, Boynton Beach, and Mr. Dievil said that was a legitimate address. Officer Weixler stated he had four pieces of mail returned. Ms. Ellis said the City followed their protocol in checking the address, and the property was also posted. Decision Based on the testimony, Ms. Ellis certified the fine of 46 days at $250 a day plus administrative costs of$634.12. D. Lien Penalty Certifications — Tabled Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 15-2225 Stephen Colucci & Angela Perry Property Address: 1240 SW 20 Ave Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 15 ART 10 SECT 15-121 and 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the State to establish a permanent residency or temporary residency within 2,500 feet of any school, designated school bus stop, day care center, park, playground, or any other place where children regularly congregate. Officer Hart presented the case. Notice of violation was October 8, 2015. Magistrate hearing and date was March 16, 2016, and Mr. Colucci appeared. The compliance date was May 15, 2016, and proposed fine set by the Magistrate was $50 a day plus administrative fees. The property was last inspected on June 14, 2016, and the violation still exists. Officer Hart presented an email letter from Mr. Colucci's attorney that he received the prior day, and Ms. Ellis read it into the record. The letter was from Elizabeth Parker, an attorney with the Kaplan Sconzo and Parker law firm out of Palm Beach Gardens. She said she has been trying to track down the original documents pertaining to his arrest in the State of Maine in 1997. She said the Maine Statute changed after Mr. Colucci was sentenced, and she believed that incorrect information had been provided to the State of Florida regarding the provision that Mr. Colucci was sentenced under. Ms. Parker said she was working with the State of Maine for a legislative history, and she will provide the information to the Florida Department of Law Enforcement, hopefully by the end of June, in an effort to get them to rescind the sex offender registration requirements. Mr. Colucci said the State of Maine is no longer requiring him to register, and Florida has a Statute that if he does not have to register there, he should not have to register in Florida. The attorney is trying to straighten it out. Officer Hart verified that at the last hearing, he said he was going to move, but Mr. Colucci felt something was wrong and hired an attorney. Ms. Ellis stated that because he had said he would move, but now there is a change in circumstances, the case has not been resolved yet. Mr. Colucci said the FDLE will probably take some time to review the information coming from Ms. Parker, so the case may not be resolved by the end of June. He said he had received an email from his Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 attorney stating that the State of Maine had given Florida the wrong code for his arrest. He also stated he was approved by the City to purchase his home and live in it. Decision Ms. Ellis certified the fine of $50 a day plus administrative costs, but when it is cleared up, he can apply to get the lien removed. His attorney would need to contact the City to inform them of the status of his case (whether he is permitted or whether he is leaving). She requested an update by the end of June, 2016. F. Lien Reductions — Tabled Case No. 12-1981 Bank of New York Mellon No one was present, so the case was tabled. Ms. Ellis ordered the case tabled to July 14, 2016. G. Lien Reductions — New Case No. 08-18 Mario Castillo & Yohaira Castillo Property Address: 1503 NE 2 Court Violation(s): CO CH15 ART 9 SECT 15-120 (D) INC Boynton Beach Amendments of the Florida Building Code, 2004 Edition, 105.1.1 Remove openly stored items from carport. Remove roofing materials and equipment from rear yard. Permit needed for shed. Mr. Yannuzzi presented the case. Violation date was January 3, 2008. Magistrate hearing and date was March 19, 2008, and no one appeared. The compliance date was March 29, 2008, or $100 a day. Date complied was June 10, 2008. There were 72 days of non-compliance at $100 a day for a total of $7,200. There were 5 inspections for a total administrative cost of $480.15, and affidavit filing costs of $250 for a total administrative cost of$730.15. Two inspections were done for lien reduction. The lien reduction came in on March 21, 2016. There were no outstanding water bills, property taxes, or other monies due the City. An inspection was done on March 24, 2016, and numerous violations were discovered. A re-inspection was done on May 26, 2016, and all issues were complied. Mr. Yannuzzi noted there is a companion case to this one, Case No. 10-3611. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Brandon Weitzman, attorney for Mr. and Mrs. Castillo, advised that their delay in responding was because of personal and financial hardships due to a separation. Ms. Castillo was living out of State, and they complied as quickly as they could. Mr. Weitzman explained they owned the home since the original violation, and they are trying to resolve liens before possibly selling the home. The property is valued at $100,000, and Zillow said it was worth $136,000. Mr. Yannuzzi said this case came into compliance in less than three months in 2008. Mr. Weitzman described the circumstances leading into the next case. Decision Ms. Ellis reduced the lien to $1,000 plus administrative costs of$730.15. Case No. 10-3611 Mario Castillo & Yohaira Castillo Property Address: 1503 NE 2 Court Violation(s): CO CH 13 SECT 13-16 Renting unit without first obtaining a Business Tax Receipt. Mr. Yannuzzi presented the case. Violation date was December 20, 2010. Magistrate hearing and date was February 16, 2011, and no one appeared. The compliance date was March 3, 2011, or $100 a day. Date complied was May 26, 2016. There were 1,910 days of non-compliance at $100 a day for a total of $191,000. There were 4 inspections for a total administrative cost of$384.12, and affidavit filing costs of$250 for a total administrative cost of$634.12. There were also two inspections done for lien reduction request. The first request was on March 21, 2016. There were no outstanding water bills, property taxes, or other monies due to the City. An inspection was done on March 24, 2016, and numerous violations were discovered. A re-inspection was done on May 26, 2016, and all issues complied. Brandon Weitzman, attorney for Mr. and Mrs. Castillo, stated that personal and financial hardships (namely the divorce) prevented them from appearing earlier. The divorce resulted in them not communicating for several years. Mr. Castillo remained on the property. On the day of the lien reduction hearing, a statement was made regarding Mr. Castillo's cousins living on the premises that resulted in them being removed from the lien reduction hearing. The case sat dormant for three years. He believed they did not appear because there was no communication and they did not understand the severity of the proceedings, and they thought they were in compliance. The unit was never rented out — it was family members living there. He had made a statement that the cousins were assisting in paying the mortgage, which was incorrect. They had been co-habiting. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Mr. Weitzman presented some items from the file pertaining to whether the property was rented. Ms. Ellis asked if the property had been homesteaded throughout the time. Mr. Weitzman noted it was homesteaded in 2008, but possibly removed within the last two years. The property was vacated in early 2014. Mr. Yannuzzi said that once they engaged with the City, they did whatever they could do in a timely manner. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus the administrative costs of$634.12. Case No. 13-244 Dos Lagos Homeowners Assoc Property Address: 4 Las Sendas Violation(s): CO CH 10 SECT 10-56 (C) CO CH 10 SECT 10-56 (D) Secure pool, repair all fence sections and gates to ensure pool is secure and repair pool screen enclosure. Mr. Yannuzzi presented the case. Violation date was February 22, 2013. Magistrate hearing and date was April 17, 2013, and no one appeared. The compliance date was April 24, 2013, or $500 a day. Date complied was June 17, 2013. There were 53 days of non-compliance at $500 a day for a total of $26,500. There were 4 inspections for a total administrative cost of $384.12, and affidavit filing costs of $250 for a total administrative cost of$634.12. One inspection was done for lien reduction. The first request for lien reduction was on May 10, 2016. There were no water bills, property taxes, or other fees due the City. An inspection was done on May 17, 2016, and all was complied. There are no other issues. Jessica Saenz, on behalf of the Association, presented a notarized letter authorizing her to present the Association. Ms. Saenz reported that the Association recently acquired the property and is in the middle of short sale. They did not realize there were outstanding issues until they did the search and the title company revealed the matter. They applied for a Certificate to rent the property, and the tenant repaired the issues. Ms. Saenz stated there is a tenant now who has a Business Tax Receipt and a Certificate of Use, although Mr. Yannuzzi wondered how that could be done while there was a lien on the property. Decision Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus the $634.12 in administrative costs for a total of$2634.12. Case No. 15-1466 Adalwin LLC Property Address: 1611 NW 1 Court Violation(s): CO CH15 SECT 15-120 (D) INC CO CH 10 SECT 10-56 (D) Remove all unregistered and inoperable vehicles. Install four-inch house numbers. Mr. Yannuzzi presented the case. Violation date was June 18, 2015. Magistrate hearing and date was September 16, 2015, and no one appeared. The compliance date was September 16, 2015, or $100 a day. Date complied was March 7, 2016. There were 162 days of non-compliance at $100 a day for a total of $16,200. There were 4 inspections for a total administrative cost of $384.12, and affidavit filing costs of $250 for a total administrative cost of $634.12. Two inspections were done for lien reduction. The City was first contacted for lien reduction on March 15, 2016. There were no outstanding water bills, property taxes, or other monies owed to the City. An inspection had just been done for the Business Tax Receipt and Certificate of Use, and all complied on March 7, 2016. There are no other issues. Julie Hynds, representing Adalwin LLC as a property management firm, stated they complied the house numbers, but the vehicle registration was part of the resident's responsibility. They were unaware that the resident did not comply that part, and were not aware that it went to lien status until they tried to comply the landlord inspection. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative fees of $634.12 for a total of$2,634.12. Case No. 15-2551 Adalwin LLC Property Address: 1611 NW 1 Court Violation(s): CO CH13 SECT 13-7 INC CO CH 13 SECT 13-16 Obtain of Certificate of Use and a Business Tax Receipt for rental property. Mr. Yannuzzi presented the case. Violation date was November 10, 2015. Magistrate hearing and date was January 20, 2016, and Julie Hynds appeared. The compliance Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 date was January 26, 2016, or $500 a day. Date complied was March 7, 2016. There were 41 days of non-compliance at $500 a day for a total of$20,500. There were 5 inspections for a total of $408.15 plus the affidavit filing cost of $250 for a total administrative cost of $730.15. Two inspections were done for the lien reduction. Mr. Yannuzzi stated that the City was first contacted on March 14, 2016. There were no outstanding water bills, property taxes, or other monies owed to the City. An inspection had just been done for the Business Tax Receipt and Certificate of Use and was complied on March 7, 2016. He noted this was a companion case to the previous case, Case No.15-1466. There were no other issues. Julie Hynds, representing Adalwin LLC, stated they had applied for the Business Tax Receipt in the weeks prior to the January 20, 2016, hearing. It was received on January 13, 2016, but they still needed to schedule the inspection. The inspection was on January 27, 2016, and the results were available on January 29, 2016. There were four items to correct, and the items took several weeks to correct. Re-inspection was scheduled at the end of February. They complied the four items required from the landlord inspection, but then the other case, Case No. 15-1466, was discovered. It was complied on March 7, 2016. She stated they repaired the fence and the replacement cost was about $8,000. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus the $730.15 in administrative costs for a total of$2,730.15. Case No. 15-310 Federal National Mortgage Assoc. Property Address: 642 NW 5 Street Violation(s): Boynton Beach Amendments to the Florida Building Code, 2010 edition, 105.1 Obtain building and electrical permits for the conversion of two rooms as stated in the red tag issued by the building official. Mr. Yannuzzi presented the case. Violation date was February 12, 2015. Magistrate hearing and date was March 18, 2015, and Joe Sauter appeared on behalf of the owner. The compliance date was March 28, 2015, or $150 a day. Date complied was December 23, 2015. There were 269 days of non-compliance at $150 a day for a total of$40,350. There were 5 inspections for a total of $408.15 plus the affidavit filing cost of $250 for a total administrative cost of $730.15. Three inspections were done for the lien reduction request, which was initiated on April 5, 2016. There were two outstanding water bills Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 totaling $193.52 and property taxes due of$2,452.59, all of which have since been paid. The first inspection had just been done on April 21, 2016, and violations were found. A follow-up inspection on May 10, 2016, found some items complied, but new ones were added. On May 17, 2016, all issues were complied. Marckens Larose and Onias Derilus, owners, said they bought the property out of foreclosure in September, 2015, and proceeded to pull permits for work. However, the property was originally two bedrooms, and it had been converted illegally to four bedrooms. The property is now vacant. Mr. Larose presented photos of the property. He added they spent over $65,000 to put the property back into compliance, and it is now under contract for sale. Ms. Ellis reviewed the facts of the case. Decision Based on the testimony, Ms. Ellis reduced the lien to $3,500 plus administrative costs of $730.15, for a total of$4,230.15. Case No. 16-180 Sansevieria Investments Inc Property Address: 3504 SE 2 Street Violation(s): CO CH 13 SECT 13-6 Obtain a Business Tax Receipt and a Certificate of Use for the rental property. Mr. Yannuzzi presented the case. Violation date was January 21, 2016. Magistrate hearing and date was March 16, 2016, and no one appeared. The compliance date was March 26, 2016, or $100 a day. Date complied was May 25, 2017. There were 59 days of non-compliance at $100 a day for a total of$5,900. There were 4 inspections for a total of $384.12 plus the affidavit filing cost of $250 for a total administrative cost of $634.12. One inspection was done for the lien reduction request, which was initiated on May 16, 2016. There were no outstanding water bills, property taxes, or other monies owed to the City. Upon inspection, it was found that a water heater had been installed without a permit, which has since been obtained and finaled. There are no other issues. Mark Shuler, owner, stated that he purchased the home with the water heater in. When he found-it there was a violation, he made every attempt to cure it as quickly as possible, but did not realize the urgency. Decision Based on the testimony, Ms. Ellis reduced the fine to $1,000 plus the $634.12 in administrative costs for a total of$1,634.12. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Ms. Ellis recessed the Court for a short break at 12:31 p.m. and reconvened at 12:39 p.m. IV. NEW BUSINESS A. Cases to be Heard — Tabled Case No. 15-1864 Raymond & Lois Marcinkoski TR Property Address: 510 W Industrial Ave Officer Hart presented the case. City recommended 15 days to comply or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. B. Cases to be Heard - New Case No. 16-727 IA Boynton Beach Congress LLC Property Address: 363 N Congress Ave Officer Cain presented the case. City recommended 10 days to comply or$50 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $50 a day. Case No. 16-288 Amit Zemach Property Address: 805 SW 1 Avenue Officer Cain presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-485 T Systems Tile & Marble Instal Property Address: SW 30 Avenue Officer Cain presented the case. City recommended 30 days to comply or$100 a day. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or$100 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 16-619 Robert Goeddel & Anna Owen- Goeddel Property Address: 134 SW 14 Ave Officer Cain presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-708 Davis Perlowitz, Shari Perlowitz & Lisa Perlowtiz Property Address: 1105 Leisure Lane Officer Cain presented the case. City recommended 15 days to comply or$200 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $200 a day. Case No. 16-768 Edmund H. and Gladys Thompson Property Address: 1441 SW 26 Ave, Unit#E Officer Cain presented the case. City recommended 10 days to comply or$100 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $100 a day. Case No. 16-772 Gary S. and Celia R. Fisher Property Address: 29 Winchmore Lane Officer Cain presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-892 Hillsborough Real Estate INV LLC & Paradise Palms Boynton LLC Property Address: 1120 S Seacrest Boulevard Officer Hart presented the case. City recommended 15 days to comply or $100 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-611 Alexise L. Denis Property Address: 168 SE 30 Ave Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $100 a day. Case No. 16-650 50 Friends Funds Capital LLC Property Address: 424 SW 10 Ave Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $100 a day. Case No. 16-765 50 Friends Funds Capital LLC Property Address: 424 SW 10 Ave Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $100 a day. Case No. 16-783 Robert C. Gill & Marie L. Gill Property Address: 1006 SW 2 Street Officer Hart presented the case. City recommended 30 days to comply or $300 a day. Decision Ms. Ellis ordered a 30-day compliance date of July 15, 2016, or$300 a day. Case No. 16-785 Freda P. Morisset Property Address: 315 SW 4 Ave Officer Hart presented the case. City recommended 15 days to comply or $200 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $200 a day. Case No. 16-789 Supplice Dorsainvil & Maguene Beaubrun and HFHSPBC CLT INC Property Address: 503 N Seacrest Blvd Officer Hart presented the case. City recommended 10 days to comply or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $100 a day. Case No. 16-825 Nabil Fares Property Address: 649 NE 6 Ave Officer Hart presented the case. City recommended 10 days to comply or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $150 a day. Case No. 16-342 David Hargrove Property Address: 146 NW 11 Ave Officer Pierre presented the case. City recommended 10 days to comply or$200 a day. Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $200 a day. Case No. 16-486 Colonial Club Condo Assoc. #1 Property Address: (not given) Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-643 Colonial Club Condo Assoc. #1 Property Address: 7 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-644 Colonial Club Condo Assoc. #1 Property Address: 9 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-645 Colonial Club Condo Assoc. #1 Property Address: 18 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-646 Colonial Club Condo Assoc. #1 Property Address: 20 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-647 Colonial Club Condo Assoc. #1 Property Address: 27 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-648 Colonial Club Condo Assoc. #1 Property Address: 28 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-649 Colonial Club Condo Assoc. #1 Property Address: 29 Colonial Club Officer Pierre presented the case. City recommended 15 days to comply or$100 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $100 a day. Case No. 16-682 Estima Estama Property Address: Officer Pierre said the case is complied. Case No. 16-823 Madache Derilus & Marie Derilus Property Address: 223 SE 26 Ave Officer Pierre said the case is complied. City requested a Cease & Desist Order to stop putting debris and trash on the property, with $100 per occurrence. Decision Ms. Ellis issued a Cease & Desist Order effective June 16, 2016, at $100 per occurrence for having trash and debris on site. Case No. 16-617 MIA Real Rentals 11 LLC Property Address: 211 NE 16 Court Officer Weixler presented the case. City recommended 15 days to comply or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $250 a day. Case No. 16-634 Edith Masson & Jean C. Masson Property Address: 150 NE 15 Ave Officer Weixler presented the case. City recommended 10 days to comply or $250 a day. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Decision Ms. Ellis ordered a 10-day compliance date of June 25, 2016, or $250 a day. Case No. 16-797 Haverim Investments INC Property Address: 3136 N Seacrest Blvd Officer Weixler presented the case. City recommended 15 days to comply or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of June 30, 2016, or $250 a day. Case No. 16-802 Bryan A. Sulph Property Address: 111 S Atlantic Drive West Officer Weixler said the case is complied. City requested a Cease & Desist order for the over-sized vehicle (a white cab) with 15 days to comply or $250 a day. Decision Ms. Ellis issued a Cease & Desist Order regarding the parking of the over-sized vehicle to be effective immediately with a $250 per occurrence. Case No. 16-835 Robert 2014 LLC Property Address: 2204 NE 3 Court Officer Weixler presented the case. City recommended 7 days to comply or $500 a day. Decision Ms. Ellis ordered a 7-day compliance date of June 22, 2016, or $500 a day. VII. OLD BUSINESS A. Lien Penalty Certifications — Tabled B. Lien Penalty Certifications - New Officer Cain stated that the following will be certified as No Fine. Case No. Respondent 15-236 111 NE 16 Ave Land Trust Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 15-2767 Rafael Vega Jr. & Claudia Vega 15-2422 144 Boynton LLC 16-242 Mary Stein & Thomas Stein 16-324 Alain Hebert & Serge Hebert 16-384 William Smith & Joan Stagg 16-388 Doris Jurney, Jacquline Hickinbothom, Alan Jurney, Susan Mahoney 16-455 Claude Turcot 16-551 4 Corrie PL LLC 16-263 MF Homes LLC 16-295 Fred Stubbs & Cynthia Stubbs 16-323 Janet McCoy 16-305 Cheryl Thompson 16-330 Brian S. Harris 16-10 Christopher R. Holmes Ms. Ellis ordered the previously mentioned cases certified No Fine. D. Lien Penalty Certifications — Tabled B. Lien Penalty Certifications — New Officer Cain stated that the following will be tabled until December 21, 2016. Case No. Respondent 15-616 301 N. Federal HWY LLC Officer Cain stated that the following cases will be tabled until the date indicated. Case No. Respondent 15-2325 JS Ende Family LTD Partnership (July 20, 2016) 15-2405 JS Ende Family LTD Partnership & Suncore IND FL LLC (July 20, 2016) 15-2693 MKCD Holdings LLC (July 20, 2016) 15-2718 Filius Dieu Conserve (30 days) 16-250 Maisons LLC (30 days) 16-511 Rachel G. Floyd (30 days) 16-765 Francesco Rocca & Rose Rocca (July 20, 2016) 15-2252 HCRA Properties/Heartland Health Care — Jack T. Ehrhart (July 20, 2016) Ms. Ellis ordered the above cases tabled as indicated by the Code Officer. Officer Cain stated that the following case will be closed. Case No. Respondent Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 16-378 LG Real Estate Group Ms. Ellis ordered Case 16-378 closed. A. Lien Penalty Certifications — Tabled B. Lien Penalty Certifications - New 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 this morning in Chambers for any of the cases 1 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 Case No. Fine Amount 16-19 $500.00 15-1941 $100.00 15-2359 $500.00 *Officer Cain stated that the respondent called this morning saying that he wished to be present, but had a death in the family in Haiti. 16-238 $100.00 16-333 $100.00 16-403 $500.00 16-482 $ 50.00 16-186 $500.00 16-466 $200.00 16-505 $200.00 16-506 $500.00 16-528 $100.00 16-313 $200.00 16-443 $100.00 Ms. Ellis ordered the fines on the above cases be certified. VII. ADJOURNMENT Ms. Ellis concluded the hearing at 1:01 p.m. [J. Rubin, Prototype Inc.] June 15, 2016 Code Hearing Minutes — Corrections Pg. 5: Case 16-347: Last line of Ofc. Cain's testimony should read: "As of today, there are 41 days on of continued non-compliance at $100 per day plus administrative fees in the amount of$634.12." Pg. 6: Case 16-563" : Last line of the first paragraph of Ofc. Hart's testimony should read: "As of today, there are 46 days on of non-compliance at $100 per day plus administrative fees in the amount of$634.12."