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Minutes 08-24-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, AUGUST 24, 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 9:00 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 Minutes for June 15, 2016 — City Staff submitted corrections to those minutes and Ms. Ellis approved these minutes with corrections attached. IV. APPROVAL OF AGENDA The following revisions to the agenda were announced: Page 7, Case No. 16-1120 — complied Page 8, Case No. 16-1121 —tabled to September 21 Page 12, Case No. 16-1185 — tabled to September 21 Page 29, Case No. 16-849 — complied Page 30, Case No. 16-850 — complied Page 40, Case No. 16-1075 — tabled to September 21 Page 47, Case No. 16-727 — complied, no fine Page 51, Case No. 16-714 — complied, no fine Page 57, Case No. 16-1022 — tabled to September 21 Page 67, Case No. 16-283 —tabled to September 21 Ms. Ellis approved the Agenda as amended. V. ROLL CALL Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 VI. NEW BUSINESS B. Cases to be Heard — New Case No. 15-2427 Randall W. Taubman Property Address: 131 SE 12th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 Apply for and pass inspection for a business tax receipt and license for rental property. Officer Cain presented the case, which was a routine inspection. The initial inspection date was October 30, 2015. It is not a repeat violator. Initial written notice was October 31, 2015. Twenty days given to comply. Date notice posted on property and City Hall was August 11, 2016. Date property last inspected was August 23, 2016. No health and safety hazards. City recommended 30 days for compliance, or $100 a day. See also Case No. 16-350. Randall Taubman, owner, stated he was working closely with Officer Cain to remedy all issues. Mr. Taubman said the building permit was finalized on August 16, 2016, for custom window, still 30 days for delivery, plus installation and reinspection, so he requested 60 days to comply. City had no objections. Decision Ms. Ellis ordered a 60-day extension date of October 23, 2016, or$100 a day. Case No. 16-350 Randall W. Taubman Property Address: 131 SE 12th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH [not stated] Install sod in yard and swale (has complied). Repair and define driveway (has complied). Permit required for new window. Repair all light switch covers. Officer Cain presented the case, which was a routine inspection. The initial inspection date was February 11, 2016. It is not a repeat violator. Initial written notice was February 11, 2016. Thirty days given to comply. Green card was signed July 29, 2016. Date property last inspected was August 23, 2016. No health and safety hazards. City recommended 60 days for compliance, or$100 a day. See also Case No. 15-2427. Randall Taubman, owner, asked for clarification on several issues. Has recently moved, submitted notarized letter to City that his address is 12620 NW 79th Manor, Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Parkland, FL 33076, but needs instructions on what yet needs to be done. Mr. Taubman made sure he understood the remaining items to be remedied. Decision Ms. Ellis ordered a 60-day extension date of October 23, 2016, or$100 a day. Case No. 16-504 White Rose Homes LLC Property Address: 527 NW 10th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH [not stated] Install sod in front yard (has complied). Install smoke detectors in all bedrooms. Remove shed from rear yard. Permit required for all new windows. Officer Cain presented the case, which was a City Department referral. The initial inspection date was March 3, 2016. It is a repeat violator. Initial written notice was March 3, 2016. Thirty days given to comply. Green card was signed July 25, 2016. Date property last inspected was August 23, 2016. City recommended 15 days for compliance, or $250 a day. Ms. Ellis asked if anything has yet complied. Officer Cain stated that the sod has been installed; however, the shed has been demolished but not yet removed. The property is inhabited. Charles White, owner, stated that both the sod and smoke alarms have been installed for several months. The shed took longer because it was infested with bees and a professional had to remove them. The rubble of the demolished shed will be removed. Mr. White has a contract to have the windows replaced, permit should soon be filed. Custom-made windows will take eight weeks, at least. Mr. Yannuzzi confirmed that the windows on this property at the time of purchase were installed without permits. Ms. Ellis asked that when inspection for removal of rubble is done, City be allowed to enter premises to check on smoke detectors. Decision Ms. Ellis ordered a 15-day extension date of September 8, 2016, or $250 a day, for removal of shed debris. Ms. Ellis ordered a 60-day extension of October 23, 2016, or $250 a day. Case No. 16-1010 Luis Mandujano and Maria Mandujano Property Address: 920 NW 8th St. Type of Property: Single-family home, homesteaded Violation(s): CO CH [not stated] Permit is required for all wooden structures in rear yard. Patio cover and reroofing also need permit. Remove all Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 debris from front, rear, and side of property, including bricks, pipes, wood, cans, truck tool box, tile, and marble. Install sod in front yard. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was June 3, 2016. It is not a repeat violator. Initial written notice was June 3, 2016. Thirty days given to comply. Green card was signed June 28, 2016. Date property last inspected was August 24, 2016. There are safety hazards on property. City recommended 15 days for compliance, or $200 a day. Ms. Ellis clarified lack of permits for dog house, AC unit, patio cover, and reroofing. Officer Cain said they had permit for AC unit, and the patio cover has been removed. There is a permit for reroofing, and the dog house has been removed. The shed remains, as well as all the debris, and the sod still needs to be installed. Luis Mandujano, owner, appeared with Eduardo Mondragon as translator, who explained he had gone through all details with owner. Ms. Ellis explained the remaining issues to be completed, and that in lieu of a permit for the shed, it can be removed. Decision Ms. Ellis ordered a 15-day extension date of September 8, 2016, or $200 a day. Case No. 16-897 Vernon Thompson Jr. Trust Property Address: 821 NE 1St St. Type of Property: Multi-family home Violation(s): CO CH 10 SECT 10-56B CO CH 10 SECT 10-56D CO CH 10 SECT 10-52 CO CH15 SECT 15-120D INC Remove all materials stored outside as well as trash and debris. Repair/replace all missing or ripped soffit screens. All windows must have proper fitting screens and be in good repair. Reseal and restripe parking lot. All parking stops must be in place and in good repair. Remove all inoperable, unregistered vehicles. Repair deteriorating soffit and fascia. All windows must be in good repair and functioning properly. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was May 11, 2016. It is a repeat violator. Initial written notice was May 16, 2016. Fifteen days given to comply. Notice sent Certified Mail July 19, 2016. Green card was signed July 29, 2016. Soffit screens have been repaired, inoperable vehicles have been removed. Parking lot has been taken care of, but parking stops still need to be put back Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 in place. Date property was last inspected August 23, 2016. City recommended 15 days for compliance, or $300 a day. Ms. Ellis clarified what has yet to be completed. Ricky Scott, son of owner, stated that he understands everything has been remedied, and 15 days will be enough for him to see that all has been done. Decision Ms. Ellis ordered a 15-day extension date of September 8, 2016, or $300 a day. Case No. 16-999 125 SE 12' Ave. Prodigy Land Trust & Andrew Hankin Trust Property Address: 125 SE 12th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain permits for carport enclosure. Stucco, interior demolition, and remodel done without permits as stated in the Building Dept. Red Tag. Officer Hart presented the case, which was a City Department referral. Initial inspection date was June 1, 2016. It is not a repeat violator. Initial written notice was June 1, 2016. Ten days given to comply. Notice sent Certified Mail July 18, 2016. Green card was signed July 22, 2016. The permits are in Plans Check. Owners had to get new contractor. Date property was last inspected August 23, 2016. City recommended 60 days for compliance, or $100 a day. Monica Cortez, project manager, confirmed that a new contractor has been hired, as previous contractor was working without proper permits. Decision Ms. Ellis ordered a 60-day extension date of October 23, 2016, or$100 a day. Case No. 16-1037 Fetlar LLC Property Address: 2915 SE 2nd St. Type of Property: Multi-family home, duplex Violation(s): CO CH15 SECT 15-120D INCL Sod yard, trim hedges from the swale area. Remove used tires. Officer Pierre presented the case, which was a routine inspection. Initial inspection date was June 8, 2016. Thirty days given to comply. Green card was signed August 1, 2016. Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Owners had to get new contractor. Date property was last inspected August 23, 2016. City recommended 10 days for compliance, or$200 a day. Violations still exist. Julie Heinz, representing Fetlar LLC, said property is a duplex on large corner lot and bids have been high. They just accepted $6,000 bid for sod and irrigation system on the property. Officer Pierre will grant 30 days to achieve compliance. Decision Ms. Ellis ordered a 30-day extension date of September 23, 2016, or $200 a day. Case No. 16-1129 Cynthia Castillo and Pedro Castillo Property Address: 2920 SW 8t" St. Type of Property: Single-family home, non-homesteaded Violation(s): LDR CH3 ART 2 SECT 6 Hedges have become a visual obstruction. Remove hedges from the City right-of-way. Officer Pierre presented the case, which was a citizen complaint. Initial inspection date was July 2, 2016. It is not a repeat violator. Ten days given to comply. Green card was signed August 1, 2016. Date property was last inspected August 23, 2016. Property is a safety hazard. City recommended 5 days for compliance, or $200 a day. Ms. Ellis asked for photographs which Officer Pierre handed her. Cynthia Castillo, owner, stated they installed the hedge when they moved in less than a year ago. They have trimmed it and think it's very nice, but still have been told to remove it. Ms. Castillo asked for extension since they had paid to install it and don't have the funds at the moment to move it onto their property line. Ms. Ellis learned from Office Pierre that the code does not allow hedges on City right-of-way. Other neighbors were cited and have removed theirs, but have complained that Ms. Castillo has not yet complied. Officer Pierre understands lack of funds and has no problem with 30-day extension. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $200 a day. Case No. 16-838 Richard J. Harrison & Paul A. Maynard Property Address: 626 Potter Rd. Type of Property: Single-family home, homesteaded Violation(s): CO CH 10 SECT 10-56H Bees are back. Please eradicate the beehive and the bees located in garage. Seeking a Cease and Desist Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Order. Residents from Inland Harbor Club are being stung on the property at 2424 N. Federal Hwy. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date was May 4, 2016. It is not a repeat violator. Date of service posted on August 12, 2016. First case was 15-1738 on July 21, 2015. Date property was last inspected August 23, 2016, and no bees were present. City recommended 30 days for compliance, or $50 a day. Officer Weixler is still seeking a Cease and Desist Order because multiple sprayings have not been effective. Owner is being encouraged to remove the nest in garage. If beehive not removed in 30 days, the Cease and Desist Order would follow at $500 per occurrence of bees thereafter. Richard Harrison, owner, stated he has already personally removed the hive and has pictures. Ms. Ellis says all that needs to be done is the inspection. Officer Weixler said he would take care of it. Decision Ms. Ellis ordered a 30-day compliance date of September 23, 2016. If not complied, there will be an automatic Cease and Desist Order at $500 per occurrence. Case No. 16-846 Grape Leaf Park LLC Property Address: 410 Miner Road Type of Property: Single-family home, non-homesteaded Violation(s): CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was May 5, 2016. It is a repeat violator. Initial written notice was May 5, 2016. Ten days were given to comply. Date notice sent Certified Mail July 20, 2016. Green card was received July 28, 2016. AC Permit is the only outstanding issue. The structure in the back was removed. Mechanical final inspection was done August 22, 2016, was disapproved. City recommended 15 days for compliance, or $250 a day. Nabil Kishk, owner, understands the outstanding issues and said that two weeks is enough time to comply. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $250 a day. Case No. 16-848 Grape Leaf Park LLC Property Address: 411 NW 3rd St. Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was May 5, 2016. It is a repeat violator. Initial written notice was May 5, 2016. Ten days were given to comply. Date notice sent Certified Mail July 6, 2016. Green card was received July 11, 2016. Owner did have final water heater permit, but still has not received certificate of use. City recommended 15 days for compliance, or $250 a day. Nabil Kishk, owner, understands the outstanding issues. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $250 a day. Case No. 16-858 Kevin D. Wenrich Property Address: 2215 NE 4t" St. Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH15 SECT 15-120E INCL Remove all trash and debris, mow and trim all overgrowth, pressure clean awnings, sod bare areas on front lawn. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date was May 6, 2016. It is not a repeat violator. Ten days were given to comply. Date notice sent Certified Mail July 13, 2016. Green card was received July 26, 2016. City recommended 15 days for compliance, or $100 a day. Officer Weixler went to property on August 24, noted sod still needs to be done, awnings were pressure-cleaned, most of the trash and debris picked up, and some of the overgrowth still exists; pictures were shown to Ms. Ellis. Kevin Wenrich, owner, stated that a pallet of sod was being delivered the next day. Mr. Wenrich stated that the trash on the swale comes from the 7-11 across the street, and that he picks it up every evening. Ms. Ellis determined the overgrowth and sod were all that remained to be done. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $100 a day. Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Case No. 16-864 Keith R. Prunier Property Address: 2205 NE 4th St. Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH15 SECT 15-120E INCL CO CH 10 SECT 10-52 Remove or register all vehicles, remove all trash and debris, mow and trim all overgrowth, pressure clean home, and define driveway. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date was May 6, 2016. It is not a repeat violator. Ten days were given to comply. Home was posted on August 12, 2016. City recommended 15 days for compliance, or $100 a day. Officer Weixler stated pictures show trash and debris still on swale area, driveway issue still exists, but that the cars were all registered. The pressure cleaning still remains to be done. Keith Prunier, owner, stated he now understands what all needs to be done. Stated for the record that he has to do all this work himself, his health is not that great, he works part time, and with the hurricane coming he needs more time. Officer Weixler stated City has no problem with 30-day extension. Decision Ms. Ellis ordered a 30-day compliance date of September 23, 2016, or $100 a day. Case No. 16-902 RBR Investors Corp. Property Address: 312 NE 20th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain permits for work as noted in the Red Tag for the interior remodel, the shed, and the air conditioning. Officer Weixler presented the case, which was a City Department referral. Initial inspection date was May 12, 2016. It is not a repeat violator. Notice was posted on the property on August 12, 2016. City recommended 30 days for compliance, or $100 a day. Ms. Ellis asked if application has been made for permits. Officer Weixler has no knowledge of that. Anna Lopez, new contractor, stated that the owner's previous contractors were working without permits, and now understands what must be done. Still some issues with subcontractors. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Decision Ms. Ellis ordered a 30-day compliance date of September 23, 2016, or $100 a day. Case No. 16-962 Lillie C. Wilson Property Address: 139 NE 15th Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 10 SECT 10-52 Remove all inoperable vehicles from property. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date was May 24, 2016. It is not a repeat violator. Ten days were given to comply. Date notice sent Certified Mail July 18, 2016. Green card was received July 23, 2016. City recommended 15 days for compliance, or $150 a day. Due to two previous cases, Officer Weixler asked for a Cease and Desist Order for removal of inoperable vehicles to be in effect immediately thereafter at $500 a day. Lillie Wilson, owner, stated the vehicles were removed the week after receiving registered mail. Ms. Wilson was unaware of the problem before that as property is a rental. Ms. Ellis informed the owner that the officer will confirm compliance within 15 days. Ms. Ellis also explained to the owner that, if there are new vehicles there that are not removed within that same 15 days, there will be a Cease and Desist Order, so she must make sure that the tenants understand this. Decision Ms. Ellis ordered a 15-day compliance date of September 28, 2016. If not complied, there will be an automatic Cease and Desist Order at $500 per day. Case No. 16-1038 Calvin L. Mason & Lucille Colwell & Oscar Colwell Property Address: 2300 NW 2nd St. Type of Property: Single-family home, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH15 SECT 15-120D INCL Building permit required for shed in back yard. Remove all trash and debris, mow and trim all overgrown sod in front yard. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was May 18, 2016. It is not a repeat violator. Notice was posted on the property on August 12, 2016. City recommended 30 days for compliance, or $100 a day. Officer Weixler visited property on August 24, 2016, to find trash and debris gone, outside Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 storage is gone, but yard still needs to be sodded and overgrowth remains. Application for permit has been made, but is still in Plan Check. Calvin Thompson, son of owner, stated that he is attending because Calvin Mason has had a massive stroke and has been in hospital for two months. Mr. Thomas said they would like to keep the shed, but if not possible, will remove it. Officer Weixler stated that a permit for the shed was applied for on June 20, 2016, and it is still in Plan Check. Mr. Thompson asked for 60-day extension, but said he could take care of the yard work. Decision Ms. Ellis ordered a 45-day compliance date of October 8, 2016, or$100 a day. Case No. 16-1066 Kevin Ballard Property Address: 3365 Ocean Parkway Type of Property: Single-family home, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Obtain proper building permits for construction work being done, and for two wood structures in back yard. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date was June 10, 2016. It is not a repeat violator. Ten days were given to comply. Notice was posted on the property on August 12, 2016. City recommended 15 days for compliance, or $150 a day. Officer Weixler has photographic proof that wood structures have been removed. Kevin Ballard, owner, appeared, asking for additional time for the permit process. City had no objections for 45 days extension. Decision Ms. Ellis ordered a 45-day compliance date of October 8, 2016, or$150 a day. Case No. 16-1103 J&R Creative Real Estate Services LLC Property Address: 212 NE 15th Ave. Type of Property: Single-family home, homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH 10 SECT 10-56A CO CH15 SECT 15-120D INCL Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Repair air conditioning system. Mow and trim yard, sod yard in swale area. Officer Pierre presented the case, which was a citizen complaint. It is not a repeat violator. Fifteen days were given to comply. Last property inspection was August 23, 2016. City recommended 10 days for compliance, or $200 a day. Officer Pierre talked to owner, who said AC is operable, but has no proof as unable to talk to tenant who made the complaint. James Souffrant, owner, stated he has applied for the Certificate of Use and Business License, but not yet approved as still needs to pass inspection. AC has been repaired. Yet to be done is the sod, but Mr. Souffrant has had to put a stop due to death in family. Mr. Souffrant is asking for 30 day extension to finish the yard. City had no objections for 30 days extension. Decision Ms. Ellis ordered a 30-day compliance date of September 23, 2016, or $200 a day. VII. OLD BUSINESS A. Lien Penalty Certifications — Tabled Case No. 15-2718 Filius Dieu Conserve Property Address: 407 NW 11th Ave. Type of Property: Single-family house Violation(s): [not verbally given] Officer Pierre presented the case. Notice of violation was December 9, 2015. Code compliance hearing date was March 16, 2016, and respondent appeared. Compliance date was May 20, 2016, fine proposed by Magistrate was $100 a day plus administrative costs. Violation still exists. Property was inspected August 23, 2016. There are 96 days of non-compliance at $100 a day for a total lien of $9,600.00 plus administrative costs of$922.21. Ms. Ellis confirmed that no one appeared at the hearings on February 17, 2016, March 16, 2016, April 20, 2016, and that the violation still existed as of June 15, 2016, when no one appeared. Officer Pierre clarified that even though the records state no one appeared, Mr. Conserve was always there, but the case was tabled. The case was continuously tabled due to permit issues, and permit is still pending in Building Department. Filius Dieu Conserve, owner, explained the permit difficulties between the licensed contractor and Building Department. Mr. Conserve gave Ms. Ellis the paperwork Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 confirming his story. Mr. Yannuzzi, Officer Pierre, and Ms. Ellis discussed the timeline of events with Mr. Conserve. Decision Based on the testimony, Ms. Ellis certified the fine without further extensions. Once resolved, the owner may petition to have the lien removed from the property. B. Lien Penalty Certifications — New Case No. 16-691 Grape Leaf Park LLC Property Address: 116 NW 6t" Ave. Type of Property: Single-family house Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Hart presented the case. Notice of violation was April 29, 2016. Code compliance hearing date was March 15, 2016, and respondent appeared. Compliance date was July 6, 2016, fine proposed by Magistrate was $200 a day plus administrative costs. Property was last inspected July 14, 2016, and did comply. There were 8 days of non-compliance at $200 a day for a total lien of $1,600.00, plus administrative costs of $634.12. Officer Hart stated there were reoccurring permitting issues, as with the owner's other properties that have been brought up. Nabil Kishk, owner, stated problems with tenant as well as additional items being added every time he has an inspection that needed more permits. Officer Hart explained some of the gaps in Mr. Kishk's timeline. Mr. Yannuzzi and Officer Hart sat down with respondent and the Building Inspector to explain why the inspection didn't pass. Mr. Kishk said he was not given enough time to deal with all the issues. Decision Based on the testimony, Ms. Ellis certified that only the administrative costs of $634.12 are due. Case No. 16-486 Colonial Club Condo Association Property Address: 6 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Officer Pierre presented the case. Case has complied, no fine. Case No. 16-643 Colonial Club Condo Association Property Address: 7 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-644 Colonial Club Condo Association Property Address: 9 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-645 Colonial Club Condo Association Property Address: 18 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-646 Colonial Club Condo Association Property Address: [not given]20 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-647 Colonial Club Condo Association Property Address: 27 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-648 Colonial Club Condo Association Property Address: 28 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Case No. 16-649 Colonial Club Condo Association Property Address: 29 Colonial Club Drive Larry Cortez, attorney for respondent, appeared. Officer Pierre presented the case. Case has complied, no fine. Case No. 16-192 Kendrick Soares Property Address: 5 Eaton Place Type of Property: Single-family house Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Obtain applicable permits from Building Department. Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Weixler presented the case. Code compliance hearing date was April 20, 2016, and respondent appeared. Compliance date was May 20, 2016, fine proposed by Magistrate was $150 a day plus administrative costs. Property was last inspected August 23, 2016, and violations still exist. There are 96 days of non-compliance, fine continues to accrue at $150 a day, plus administrative costs of$634.12. Kendrick Soares, owner, appeared to explain why the case has not yet complied, stating all permits were issued on May 19, 2016, and electrical, rough, and mechanical were passed on final. Plumbing is outstanding, but in process. Owner has spoken with Building Official regarding exterior wall framing, and was told to submit revision for permit and get it inspected. Owner has copies of all permits and inspection approvals. A discussion between Officer Weixler, Mr. Yannuzzi, and respondents followed regarding dates of permits, Red Tag, and inspections, and misunderstandings as to what items were or were not included, especially regarding the AC permit. Ms. Ellis is not satisfied that compliance has been met. Decision Based on the testimony, Ms. Ellis certified the fine. Case No. 16-361 US Bank National Association/ Nation Star Mortgage LLC Property Address: 7904 Manor Forest Lane Type of Property: Single-family house Violation(s): CO CH 10 SECT 10-56A CO CH 10 SECT 10-56D Page 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 CO CH 10 SECT 10-56E CO CH15 SECT 15-120D INCL 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Unsafe building structure, roof in disrepair, garage door permit expired. All vacant property is subject to current notice of default and must be maintained in accordance with Property Maintenance Regulation as adopted by City of Boynton Beach. Officer Weixler presented the case. Code compliance hearing date was April 20, 2016, and no one appeared. Compliance date was May 20, 2016, fine proposed by Magistrate was $100 a day plus administrative costs. Property was last inspected August 23, 2016, and violations still exist. There are 96 days of non-compliance, fine continues to accrue at $100 a day, plus administrative costs of$634.12. Todd Kevitch, new owner, stated he purchased the property on July 5, 2016, and is aware of previous code case for roof, garage permit, and fence. The garage permit is now closed, the roof permit was applied for and work is being done, and the fence permit application is about to be submitted. Ms. Ellis explained the responsibility for existing liens falls to the new owner. Officer Weixler confirmed that the permit for the roofing was applied for. Mr. Kevitch claimed that there was an inspector there last week. Decision Based on the testimony, Ms. Ellis certified the fine. Once everything is in compliance, a lien reduction may be requested. Case No. 16-604 Eunice V. Schoburgh, et al. Property Address: 75 South Palm Dr. Type of Property: Single-family house Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for adult congregate living facility at the residence. Officer Weixler presented the case. Notice of violation date was March 15, 2016. Code compliance hearing date was May 18, 2016, and Lynrod Douglas appeared. Compliance date was May 23, 2016. There were two orders: (1) fine proposed by Magistrate was $100 a day plus administrative costs; (2) Cease and Desist Order for anyone with medical needs to be vacated from premises. The second issue was complied. Property was last inspected August 23, 2016, and violations still exist. There Page 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 are 93 days of non-compliance, fine continues to accrue at $100 a day, plus administrative costs of$1,018.24. Lynrod Douglas, representative of Surcan Holdings, stated the license application was denied due to other permitted issues being addressed. An architect has been hired, drawings have been submitted, and a general contractor has submitted plan application. No business is being conducted since last tenants vacated the premises. Officer Weixler confirmed that the business tax receipt was applied for on May 16, 2016, and failure of inspection was May 22, 2016. Mr. Yannuzzi confirmed that the permit was again applied for on August 18, 2016. Decision Based on the testimony, Ms. Ellis certified the fine. Once everything is in compliance, a lien reduction may be requested. Case No. 16-656 YAFLAG LLC Property Address: 144 SE 28th Ave. The owner appeared. Officer Weixler presented the case. Case has complied, no fine. C. Lien Penalty Certifications — Cease & Desist Case No. 16-939 Boynton FCA LLC Property Address: 2200 North Congress Ave. Type of Property: Single-family house Violation(s): CO CH 10 SECT 10-31 Garbage cannot be dumped into a recycling container. Officer Cain presented the case. Notice of violation date was May 18, 2016. Code compliance hearing date was July 20, 2016, and no one appeared. Compliance date and proposed fine set by Board, Cease and Desist by July 25, 2016, or be fined $200 a day. Public Works has placed a lock on container to prevent further instances of illegal dumping. Dates of two occurrences were July 26, 2016, and August 10, 2016, for $400.00, plus $192.06 inspection costs, for a total of$592.06. Frescia Perez, manager on behalf of landlord, and Bill Puzon, district manager of Ross Stores, appeared. Ms. Perez stated they are working with Courtney to make sure there are no further occurrences at the property. Decision Page 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Based on the testimony, Ms. Ellis certified the fine of$592.06. D. Lien Penalty Certifications — Tabled E. Rescission of Order Case No. 16-819 2600 Quantum Blvd LLC Property Address: [not given] Mr. Yanuzzi stated for the record that this is a rescission of an order that was issued in error at July 20, 2016 meeting. The case was to have been tabled for 60 or 90 days. Decision Ms. Ellis rescinded the order for that case. F. Lien Reductions — Tabled Case No. 07-2094 Florida 4C Properties Property Address: 2508 North Federal Hwy. Type of Property- Violation(s)- CO CH 10 SECT 10-2 LDR CH21 ART 2 SECT 3 Mow, weed, and trim property, including right of way. Remove all unpermitted signs. Mr. Yannuzzi presented the case. Notice of violation was June 29, 2007. Code compliance hearing date was September 19, 2007, and no one appeared. The Code compliance date was September 29, 2007, or $200 a day. Compliance date was August 21, 2008, or 326 days of non-compliance at $200 a day for a total fine of $65,200.00. There were four additional inspections of $384.12, plus filing costs, for total administrative fee of $634.12. With regards to this lien reduction case, there has been one additional inspection. Mr. Yannuzzi was first contacted for lien reduction on March 31, 2016, and found $5,597.46 owed for utility bills, and $7,663.36 owed in property taxes. As of August 2, 2016, both have been paid. Inspection on April 26, 2016, found property in compliance. (See Case 08-944.) Ed Kearney, representative of owner, stated the landlord has been wrestling with this property since predecessor foreclosed on it in 1990. Issues have been ongoing with property that was a former gas station. Pollution was found from underground tanks after hurricane damage exposed it. There were $175,000 in clean-up costs in removing 100 tons of soil. Ongoing monitoring of 22 wells indicates that property is in compliance Page 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 with DEP requirements for spills. There has been a succession of corporate employees passing responsibility from one location to another. Current person is tending to the property, making sure property remains in compliance. Mr. Kearney is a realtor who has just listed the property, so he, too, will make regular visits to property to assure compliance. Abatement of full fine is requested. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000, plus administrative costs of$634.12. Case No. 07-2094 Florida 4C Properties Property Address: 2508 North Federal Hwy. Type of Property: Vacant lot Violation(s): CO CH 10 SECT 10-2 LDR CH21 ART 2 SECT 3 Mow, weed, and trim property, including right of way. Remove all unpermitted signs. Mr. Yannuzzi presented the case. Notice of violation was June 29, 2007. Code compliance hearing date was September 19, 2007, and no one appeared. The Code compliance date was September 29, 2007, or $200 a day. Compliance date was August 21, 2008, or 326 days of non-compliance at $200 a day for a total lien of $65,200.00. There were four additional inspections of $384.12, plus filing costs, for total administrative fee of $634.12. With regards to this lien reduction case, there has been one additional inspection. Mr. Yannuzzi was first contacted for lien reduction on March 31, 2016, and found $5,597.46 owed for utility bills, and $7,663.36 owed in property taxes. As of August 2, 2016, both have been paid. Inspection on April 26, 2016, found property in compliance. (See Case 08-944.) Ed Kearney, representative of owner, stated the landlord has been wrestling with this property since predecessor foreclosed on it in 1990. Issues have been ongoing with property that was a former gas station. Pollution was found from underground tanks after hurricane damage exposed it. There were $175,000 in clean-up costs in removing 100 tons of soil. Ongoing monitoring of 22 wells indicates that property is in compliance with DEP requirements for spills. There has been a succession of corporate employees passing responsibility from one location to another. Current person is tending to the property, making sure property remains in compliance. Mr. Kearney is a realtor who has just listed the property, so he, too, will make regular visits to property to assure compliance. Abatement of full fine is requested. Decision Page 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Based on the testimony, Ms. Ellis reduced the lien to $2,000, plus administrative costs of$634.12. Case No. 08-994 Florida 4C Properties Property Address: 2508 North Federal Hwy. Type of Property: Vacant lot Violation(s): CO CH15 ART 9 SECT 15-120D INCL Remove unregistered and inoperable vehicles off property. Remove loose trash. Mow and trim the lot. Mr. Yannuzzi presented the case. Notice of violation was March 21, 2008. Code compliance hearing date was April 16, 2008, and no one appeared. The Code compliance date was May 1, 2008, or $100 a day. Compliance date was August 21, 2008, or 111 days of non-compliance at $100 a day for a total fine of $11,100.00, plus administrative fee of $634.12. With regards to this lien reduction case, there has been one additional inspection. Mr. Yannuzzi was first contacted for lien reduction on March 31, 2016, and found $5,597.46 owed for utility bills, and $7,663.36 owed in property taxes. As of August 2, 2016, both have been paid. Inspection on April 26, 2016, found property in compliance. (See Case 07-2094.) Ed Kearney, representative of owner, stated his testimony is the same as the previous Case 07-2094. Abatement of full fine and liens is requested. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000, plus administrative costs of$634.12. Case No. 08-994 Florida 4C Properties Property Address: 2508 North Federal Hwy. Type of Property: Vacant lot Violation(s): CO CH15 ART 9 SECT 15-120D INCL Remove unregistered and inoperable vehicles off property. Remove loose trash. Mow and trim the lot. Mr. Yannuzzi presented the case. Notice of violation was March 21, 2008. Code compliance hearing date was April 16, 2008, and no one appeared. The Code compliance date was May 1, 2008, or $100 a day. Compliance date was August 21, 2008, or 111 days of non-compliance at $100 a day for a total fine of $11,100.00, plus administrative fee of $634.12. With regards to this lien reduction case, there has been one additional inspection. Page 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Mr. Yannuzzi was first contacted for lien reduction on March 31, 2016, and found $5,597.46 owed for utility bills, and $7,663.36 owed in property taxes. As of August 2, 2016, both have been paid. Inspection on April 26, 2016, found property in compliance. (See Case 07-2094.) Ed Kearney, representative of owner, stated his testimony is the same as the previous Case 07-2094. Abatement of full fine and liens is requested. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000, plus administrative costs of$634.12. Case No. 13-1836 LaSalle Bank National Association Mohan Poulton, current owner Property Address: 1281 SW 28th Ave. Violation(s): CO CH10 SECT 10-51.5 INCL All property that is vacant must be registered with the City. Please register. Mow all overgrown yard areas, trim overgrown vegetation. Secure property. Mr. Yannuzzi presented the case. Notice of violation was August 21, 2013. Code compliance hearing date was November 20, 2013, and no one appeared. The Code compliance date was November 30, 2013, or $250 a day. Compliance date was June 13, 2014, or 194 days of non-compliance at $250 a day for a total lien of $48,500, plus administrative costs of $730.15. With regards to this lien reduction case, there have been three additional inspections. Mr. Yannuzzi was originally contacted to do lien reduction on June 3, 2015. On June 8, 2015, numerous violations were identified, including sodding the yard, repairing all soffit screens, permits for window replacement, side door needs screens, paint fascia boards, repair garage door, permit for the shed. In July 2015, Mr. Poulton took possession of the property, contacting Mr. Yannuzzi to continue the process. No outstanding utility bills or taxes were identified, and all of the violations have been corrected. Confirmation that all items are in compliance was done July 25, 2016, with the exception of the window permit, which was finalized August 11, 2016. Mohan Poulton, owner, stated that the previous fines were on the bank, and when he took it over, he did everything himself. Mr. Poulton is looking for a lien reduction. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $730.15. Page 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Case No. 14-2449 Beauly LLC Property Address: 3070 SE 1St Place Violation(s): CO CH 13 SECT 13-16 CO CH20 SECT 20-6 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Boat must be parked on a hard surface. Mr. Yannuzzi presented the case. Notice of violation was October 28, 2014. Code compliance hearing date was December 17, 2014, and Leia Boggs appeared as representative for owner. The Code compliance date was December 22, 2014, or $500 a day. Compliance date was January 22, 2016, or 395 days of non-compliance at $500 a day for a total lien of $197,500, plus administrative costs of $634.12. With regards to this lien reduction case, there have been three additional inspections. Mr. Yannuzzi was originally contacted to do lien reduction in July of 2016. There was an outstanding utility bill of $27.39 that has since been paid. All property taxes are up to date. On July 27, 2016, inspection identified two issues, (1) outside storage and (2) trash can to be kept indoors or in rear yard. Both issues were resolved next day. Julie Heinz, representing Beauly, stated initial violation occurred in November 2014, and Leia Boggs worked for the acquisition company known as Stellar. Beauly became aware of the violation after Beauly took over management in April 2016. A resident was moved in and the recorded lien became known. That was when it was learned that an AC and water heater permit would be needed to pass inspection. The resident was cooperative at first, but the constant flow of contractors and inspections took a toll on the ability to work with the resident. On July 22, 2015, first landlord inspection to comply for the license was failed due to the sod, interior screens, bathroom door, and window that needed to be replaced. Window was specially ordered and installed, but by then it was time for the next BTR period. Resident became non-compliant when it was discovered that dogs were destroying the window screens, and it took a threat of eviction to bring the matter under compliance in January of 2016. Decision Based on the testimony, Ms. Ellis reduced the lien to $3,500 plus administrative costs of $634.12. Case No. 15-167 I113 Property Florida LP Property Address: 1382 Via de Pepi Violation(s): CO CH 13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Page 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Mr. Yannuzzi presented the case. Notice of violation was January 21, 2015. Code compliance hearing date was March 18, 2015, and no one appeared. The Code compliance date was March 28, 2015, or $500 a day. Compliance date was January 22, 2016, or 481 days of non-compliance at $500 a day for a total lien of $240,500, plus administrative costs of $634.12. With regards to this lien reduction case, there have been two additional inspections. Mr. Yannuzzi was originally contacted June 2016 for a partial release of lien because it was clouding the sale of another location. However, once it complied on July 22, 2016, a move was made instead for a lien reduction, and inspection passed. There were no outstanding utility bills or property taxes, and all matters have been resolved. Mary Untch [phonetic], project coordinator for IH3 Property Florida, Invitation Homes, stated they have several properties in Boynton Beach. There have been numerous personnel changes as far as property directors whose responsibility is to pay the BTR and coordinate inspections with tenants. Apparently this was not done, as they noticed when they started being contacted in late June. Matters are under control, and would like to ask for forgiveness to have liens reduced. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs of $634.12. Case No. 15-515 Sway 2014 One Borrower LLC Property Address: 408 NW 24th Ave. Violation(s): CO CH 13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was March 10, 2015. Code compliance hearing date was May 20, 2015, and no one appeared. The Code compliance date was June 4, 2015, or $100 a day. Compliance date was July 28, 2016, or 419 days of non-compliance at $100 a day for a total lien of $41,900, plus administrative costs of $634.12. With regards to this lien reduction case, there was one additional inspection. Mr. Yannuzzi was originally contacted June 2016, but case had not yet come into compliance. However, once it complied on July 28, 2016, the lien reduction inspection also passed. There were no outstanding utility bills or property taxes, and all matters have been resolved. Julie Heinz, representing owner, stated the property is a gated community, so they have difficulty accessing the property to complete the water heater and AC permits, Page 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 which caused the initial delay of compliance inspection. Final landlord inspection was done in October 2015, which resulted in discovery of a beehive in eave of roof. Repairs were completed, but had lapsed into next BTR period. Paid for renewal and posted notice for access for December 14, 2015, but resident did not show up for access into the community, which is imperative. Property manager began eviction process, and then resident agreed to allow the access needed. Owner sent someone to make sure inspection would pass, but the bees had returned. Final completion of soffit repair from bee removal was July 11, 2016. BTR and mitigation inspections were completed on July 28, 2016. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Case No. 15-1759 Hazel Butler Property Address: 221 SW 8t" Ave. Type of Property: Single-family home Violation(s): CO CH15 SECT 15-120E INCL CO CH15 SECT 15-120D INCL Install sod in yard, repair broken window in front of house. Mr. Yannuzzi presented the case. Notice of violation was July 31, 2015. Code compliance hearing date was October 21, 2015, and no one appeared. The Code compliance date was November 20, 2015, or $100 a day. Compliance date was August 17, 2016, or 270 days of non-compliance at $100 a day for a total lien of $27,000, plus administrative costs of$730.15. With regards to this lien reduction case, there were four additional inspections. Mr. Yannuzzi was originally contacted to begin lien reduction process in April 2016, but case had not yet come into compliance. However, once it complied on August 17, 2016, outstanding utility bills were discovered in the amounts of $250.12 and $238.87. Both have since been paid, and there were no overdue property taxes. Inspection on April 22, 2016, identified numerous violations, including sodding bare spots in front yard, fascia board replacement, needed access to back yard, tires in rear yard, and shed needing permit. Shed permit was finalized on August 9, 2016, final inspection on August 17, 2016, passed, and there are no further issues. Hazel Butler, owner, said she realized the matter took her a lot longer than it should have, but she has diligently worked with the City to make sure there are no further code violations. Ms. Butler has lived in the house since 1983, and requests a lien and fine reduction. Page 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Decision Based on the testimony, Ms. Ellis reduced the lien to the administrative costs $730.15. Case No. 15-1921 ILU Properties LLC Property Address: 3130 Orange St. Violation(s): CO CH 13 SECT 13-16 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was August 14, 2015. Code compliance hearing date was October 21, 2015, and no one appeared. The Code compliance date was October 31, 2015, or $200 a day. Compliance date was July 14, 2016, or 256 days of non-compliance at $200 a day for a total lien of $51,200, plus administrative costs of$634.12. With regards to this lien reduction case, there were four additional inspections. Mr. Yannuzzi was originally contacted for lien reduction in March 2016, but case had not yet come into compliance. Issues were found on the April 22, 2016, Business Tax Receipt and Certificate of Use inspection that had to be addressed, including repair of the driveway apron, repair fascia board, all windows must be in working order and screens in place, fix the front door and sliding door, fix leaks under kitchen sink, sod bare spots in yard. A follow-up lien reduction inspection was done May 25, 2016, and many of the earlier issues had not been corrected. Another inspection on June 29, 2016, found an unregistered vehicle on the property. Finally on July 14, 2016, all issues had been corrected. There were no outstanding utility bills or property taxes, and there are no other issues on the property at this time. Jermaine Bell, representing ILU Properties, stated the delay in addressing the issues was due to change of address issues for notifications, but responsibility is their clerical error. Neglect was not on purpose. Mr. Bell explained the chain of events from May through July regarding the BTR compliance. Asking for a lien reduction on this case. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $634.12. Case No. 15-2517 Tammarra Holdings LLC Property Address: 427 SW 1St Ave. Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Page 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Have tenant apply for and pass a business tax receipt and certificate of use and occupancy to operate a massage parlor. Mr. Yannuzzi presented the case. Notice of violation was November 6, 2015. Code compliance hearing date was January 20, 2016, and no one appeared. The Code compliance date was January 30, 2016, or $100 a day. Compliance date was April 12, 2016, or 72 days of non-compliance at $100 a day for a total lien of $7,200, plus administrative costs of $634.12. With regards to this lien reduction case, there was one additional inspection. Mr. Yannuzzi was originally contacted for lien reduction in July 2016. Inspection of property had been done on April 12, 2016. Not only did it comply as a rental, but there was no evidence a massage business had ever been developed. There were no outstanding utility bills or property taxes, and there are no other issues regarding this property. Lorne Altor, owner, said property was purchased in June 2015, but first learned of issues in November. He applied for license in December. There was a hearing in January, but when he asked if he had to appear, the clerk said no. Once he learned of the resulting issues, Mr. Altor claimed he immediately got the issues fixed. The issue of the massage parlor was a "red flag" that held up the entire process, even though it was stated in March that there wasn't to be a massage parlor. Decision Based on the testimony, Ms. Ellis reduced the lien to $500 plus administrative costs of $634.12. Case No. 15-2547 Linda Summers Property Address: 625 Oak St. Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was November 10, 2015. Code compliance hearing date was February 16, 2016, and no one appeared. The Code compliance date was February 27, 2016, or $100 a day. Compliance date was June 27, 2016, or 120 days of non-compliance at $100 a day for a total lien of $12,000, plus administrative costs of $730.15. With regards to this lien reduction case, there were two additional inspections. Page 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Mr. Yannuzzi was originally contacted to begin lien reduction process in June 2016. Inspection of property had been done on August 5, 2016, and the following items were found in violation: remove or replace rotten fence on west side and rear of property, water the lawn for green appearance or re-sod. Re-inspection on August 17, 2016, found all items had been corrected. There were no outstanding utility bills or property taxes, and all matters have been resolved. Linda Summers, owner, wanted to apologize for mistake in forwarding address, and missing the hearing due to family health issues. Ms. Summers wanted to thank Officer Hart for his guidance to come into compliance. Decision Based on the testimony, Ms. Ellis reduced the lien to the administrative costs of $730.15. Case No. 16-503 Florida Rental Specialists LLC Property Address: 1007 SE 3rd St. Violation(s): CO CH15 SECT 15-120D INCL CO CH 15 SECT 15-120D-1 E CO CH 10 SECT 10-56A CO CH 10 SECT 10-59A CO CH 10 SECT 10-59D CO CH 10 SECT 10-60A 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Install sod in yard and swale, repair driveway, repair stove and electrical system in house, trim all overgrowth, repair/remove fence, install smoke detectors in bed- rooms. Permit required to install windows. Mr. Yannuzzi presented the case. Notice of violation was March 3, 2016. Code compliance hearing date was May 18, 2016, and Laura Demarest appeared as a representative. The Code compliance date was May 23, 2016, or $250 a day. Compliance date was July 28, 2016, or 65 days of non-compliance at $250 a day for a total lien of $16,250.00, plus administrative costs of $634.12. With regards to this lien reduction case, there were three additional inspections. (See Case No. 16-109.) Mr. Yannuzzi was originally contacted for lien reduction in July 2016 upon compliance with the existing cases. Lien reduction inspection on April 9, 2016, found property overgrown. Re-inspection on April 17, 2016, found some areas had not been cut, but the end of that day another inspection was done and all issues had been resolved. There were no outstanding utility bills or property taxes, and there are no other items. Page 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Laura Demarest, representing owner, Fena Hernandez, property manager, and Mohammed Islam, general contractor, appeared to request lien reduction, feeling they have dealt with all the items in a timely fashion with exception of the window permitting, which delayed matters. Ms. Demarest was under the impression when she left the previous hearing that there was time to correct the matter, not that fines were accruing by the day. Officer Cain was helpful in understanding the compliance process. Mr. Islam explained the condition and age of the existing windows, and that the 14 replacement windows were difficult to repair or replace. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative costs of $634.12. Case No. 16-186 Michael Boyarsky Property Address: 625 Casa Loma Blvd., #807 Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was January 25, 2016. Code compliance hearing date was April 20, 2016, and no one appeared. The Code compliance date was May 20, 2016, or $200 a day. Compliance date was June 22, 2016, or 32 days of non-compliance at $200 a day for a total lien of $6,400, plus administrative costs of $730.15. With regards to this lien reduction case, there was one additional inspection. Mr. Yannuzzi was originally contacted to begin lien reduction process on July 26, 2016. Mr. Boyarsky indicated over the course of several telephone and email discussions that he had not been notified of the violations, etc. The file confirms proper notice was given by signed Certified Mail green cards, as well as posting on the property, and an email from tenant confirming receipt of documents that he never forwarded to the landlord owner, Mr. Boyarsky. Although Mr. Boyarksy has rented this location since 2013 with previous BTRs, there may be a mitigating personal situation he may wish to share with the Magistrate. The property is currently in compliance. There were no outstanding utility bills or property taxes due. Michael Boyarsky, owner, presented a certified letter from his tenant to show to Ms. Ellis. Ms. Ellis condensed the letter, stating the tenant believed the fines were erroneous and unfairly asserted for the business tax receipt. However, Ms. Ellis stated this case has already been decided, the facts regarding the application and the passing of the inspection for the BTR is not the matter being heard today. Mr. Boyarsky explained Page 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 extenuating circumstances with his health (Lyme's Disease) that prevented him from continuing to live on the property himself, and that he was physically incapable of dealing with the paperwork on the property since 2013. The renter did not communicate anything about the notices being served for the hearings or the applicable ordinance passed in 2015. Mr. Yannuzzi explained that the $730.15 is comprised of five inspections at $96.03 plus a $250.00 affidavit filing fee. It will take approximately six weeks before Mr. Boyarsky will get the notice, from that point there will be 90 days, or 120 days total, before the amount is due. Decision Based on the testimony, Ms. Ellis reduced the lien to the administrative costs of $730.15. Case No. 16-505 White Rose Homes LLC Property Address: 105 SE 4t" Ave. Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Yannuzzi presented the case. Notice of violation was March 3, 2016. Code compliance hearing date was April 20, 2016, and no one appeared. The Code compliance date was April 30, 2016, or $200 a day. Compliance date was July 13, 2016, or 73 days of non-compliance at $200 a day for a total lien of $14,600, plus administrative costs of $634.12. With regards to this lien reduction case, there was one additional inspection. Mr. Yannuzzi was originally contacted to begin lien reduction process on July 26, 2016. After the case complied at the inspection on July 13, 2016, there were no outstanding utility bills or property taxes due. There are no other outstanding issues on this matter. Charles White, owner, stated the issues were a case of miscommunication. Mr. White applied for and received his business tax receipt for 2016, then received notice that the BTR was needed. Mr. White related a series of conversations with various City officials, including Officer Pat Hart, who made an April inspection and gave Mr. White the impression that he did not need to attend the April 20 hearing. Mr. Yannuzzi explained that some of the confusion stems from the new ordinance of the certificate of use in January 2015, and most of 2015 being covered by the 2014 BTR. If there are open permits at the time of inspection, the inspection doesn't pass, which is what happened with Mr. White's reroofing. This would have been covered at the fine certification hearing in June, which was also not attended. Decision Page 29 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Based on the testimony, Ms. Ellis reduced the lien to $500.00 plus the administrative costs of$634.12. H. Stipulated Agreement Case No. 16-817 Blue Shutter Properties Inc. Property Address: 324 NW 1St Ave. Mr. Yannuzzi stated for the record that the Stipulation Agreement began July 6, 2016. The house has since been sold, or there has been a closing. The documents were signed off by the previous and new owners, as well as the Magistrate signing off on the Agreement on August 1, 2016. Decision Ms. Ellis approved the Stipulated Agreement between the City of Boynton Beach and Blue Shutter Properties, Inc., relating to 324 NW 1St Ave., Boynton Beach, Florida. B. Cases to be Heard - New Case No. 16-857 Frances Y. Francis Property Address: 1135 SW 24th 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 September 3, 2016, or $50 a day. Case No. 16-1079 Stabel Property Holdings LLC Property Address: 3112 SE 1St Place 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 September 8, 2016, or $100 a day. Case No. 16-1151 Brian P. Kane & Aura M. Kane Property Address: 3 Mayfield Way Page 30 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Officer Cain presented the case, adding that the only issue remaining is the permit for the water heater, all else complied. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $100 a day. Case No. 16-1104 MKCD Holdings LLC Property Address: 3350 E. Atlantic Drive Officer Cain presented the case. City recommended tabled to September hearing. Decision Ms. Ellis ordered case be tabled to September hearing. Case No. 16-1117 MKCD Holdings LLC Property Address: 2150 NW 1St Street Officer Cain presented the case. City recommended tabled to September hearing. Decision Ms. Ellis ordered case be tabled to September hearing. Case No. 16-266 American Real Estate Strategies Fund LP Property Address: 1615 NE 3rd Court Officer Hart presented the case. This is a repeat violator. City recommended 15 days to comply, or $200 a day. Decision Ms. Ellis ordered a 15-day compliance date of September 8, 2016, or $200 a day. Case No. 16-921 Jean W. Latouche Property Address: 804 South Seacrest Blvd. 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 September 8, 2016, or $100 a day. Page 31 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Case No. 16-1012 Dennis Thompson & Patricia A. Thompson Property Address: 215 SW 3rd Ave. Officer Hart presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of September 23, 2016, or $100 a day. Case No. 16-1057 Boynton Beach 3 LLC Property Address: 141 SE 7th 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 September 3, 2016, or $100 a day. Case No. 16-824 Marcus Investment Group Inc. Property Address: 233 SE 26th Ave. Officer Pierre presented the case. City recommended 10 days to comply, or$100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 3, 2016, or $100 a day. Case No. 16-1062 Laura Dalton Property Address: 3617 SE 2nd St. Officer Pierre presented the case. City recommended 10 days to comply, or$100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 3, 2016, or $100 a day. Case No. 16-1073 Chen Zhi Rui Estate Property Address: 117 SE 22nd Ave. Officer Pierre presented the case. City recommended 30 days to comply, or$200 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 23, 2016, or $200 a day. Page 32 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Case No. 16-1090 Harvey D. Brown & Julie Brown Property Address: 2806 SW 4th Street 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 September 3, 2016, or $200 a day. Case No. 16-851 Trust Financial LLC Property Address: 510 Gateway Blvd. Officer Weixler presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 8, 2016, or $100 a day. Case No. 16-1001 Jean W. Paul Property Address: 137 NE 16th Ave. Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 23, 2016, or $100 a day. Case No. 16-1045 Bank of America NA Property Address: 1818 NE 5th St. Officer Weixler presented the case. City recommended 15 days to comply, or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 8, 2016, or $150 a day. Case No. 16-1093 Efrain Calderon Property Address: 2650 NE 3rd Court Page 33 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Officer Weixler presented the case. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 23, 2016, or $150 a day. Case No. 16-1112 Paul LaFlamme & Yvan Lessard Property Address: 2515 NE 2nd Court, Unit 303 Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 23, 2016, or $100 a day. Case No. 16-1118 Clive Grant Property Address: 75 South Palm Drive Officer Weixler presented the case. Mr. Yannuzzi noticed discrepancy in actual owner, Eunice Schoburgh. City recommended case be tabled to September hearing so proper notice can be served. Decision Ms. Ellis ordered case be tabled to September hearing. Case No. 16-1148 Durane Lawrence Property Address: 2219 NE 1St Lane Officer Weixler presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of September 8, 2016, or $100 a day. Case No. 16-1170 Mia Real Holdings LLC Property Address: 300 NW 14th Ave. Officer Weixler presented the case. This is a repeat violator. City recommended 15 days to comply, or $200 a day. Page 34 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 Decision Ms. Ellis ordered a 10-day compliance date of September 8, 2016, or $200 a day. VII. OLD BUSINESS B. Lien Penalty Certifications - New Officer Cain stated that the following will be certified as No Fine. Case No. Respondent 16-187 James Parrish & Marlene Parrish 16-783 Robert C. Gill & Marie L. Gill 16-617 Mia Real Rentals II LLC 16-317 WPB Properties LLC Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. A. Lien Penalty Certifications — Tabled Officer Cain stated that the following will be tabled until September 21, 2016. Case No. Respondent 16-611 Alexise L. Denis 16-444 Meeshee LLC 16-537 Rosena Luberisse 16-635 Wahoo LLC 16-283 Palm Beach County Housing Authority Decision Ms. Ellis ordered the above-referenced cases be tabled to September 21, 2016. 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 in Chambers for any of the Page 35 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 24, 2016 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 16-485 $100.00 16-515 $100.00 16-708 $200.00 16-829 $200.00 16-797 $250.00 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. C. Lien Penalty Certifications — Cease & Desist Case No. Respondent 16-1131 Macius Alcinor Decision Ms. Ellis ordered that the aforementioned case be certified. VIII. ADJOURNMENT Ms. Ellis concluded the hearing at 12:55 p.m. [M. Moore, Prototype Inc.] Page 36