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Minutes 09-21-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 21, 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 — None IV. APPROVAL OF AGENDA The following revisions to the agenda were announced: Page 2, Case No. 16-925 — moved to 69(a) Page 10, Case No. 16-1183 — complied Page 16, Case No. 16-1304 — complied Page 18, Case No. 16-1185 — tabled to October 19 Page 24, Case No. 16-1224 — complied Page 31, Case No. 16-909 —tabled to November 16 Page 37, Case No. 16-1161 — complied Page 58, Case No. 16-1075 — closed Page 59, Case No. 16-1150 — tabled to October 19 Page 64, Case No. 16-1256 — tabled to October 19 Ms. Ellis approved the Agenda as amended. V. ROLL CALL VI. NEW BUSINESS B. Cases to be Heard — New Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. 16-1104 MKCD Holdings LLC Property Address: 3350 East Atlantic Dr. Type of Property: Single Family Home 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 Weixler presented the case, which was a citizen complaint. The initial inspection date was June 23, 2016. It is a repeat violator. Initial written notice was June 23, 2016. Ten days given to comply. Green card was signed September 2, 2016. No health and safety hazards. City recommended 30 days for compliance, or $250 a day. Ms. Ellis asked if application had been made. Office Weixler stated he had done inspections, and found there was an addition to the warehouse, a new case had been started, and owner had not yet received the letter. Owner must have the addition permitted or removed in order to get certificate of use. Karine Doron on behalf of Matan Doron, partners in MKCD Holdings, stated Mr. Doron had been going to inspections, scheduling work with tenants, and an engineer is coming to see the addition. They were not aware of the status of the addition when purchased. Officer Weixler explained to Mrs. Doron that the 30 days recommended is only for applying for the permit needed to comply. Decision Ms. Ellis ordered a 30-day extension date of October 21, 2016, or$250 a day. A. Cases to be Heard — Tabled Case No. 16-1118 Eunice V. Schoburgh & Elisha Schoburgh Property Address: 75 South Palm Drive Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH 10 SECT 10-56B 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Remove all outside storage, trash, and debris from property. Permit required for shed, patio, carport, utility room conversions and water heater installation. Officer Weixler presented the case, which was a routine inspection. The initial inspection date was June 25, 2016. It is not a repeat violator. Initial written notice was June 25, 2016. Ten days given to comply. Green card was signed August 31, 2016. No Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 health and safety hazards. City recommended 30 days for compliance, or $150 a day. Owner currently had a permit in Plan Review, encompassing much of what needs permits, but had failed to call Officer Weixler back for inspection. Lynrod Douglas, owner of Surcan Holdings, stated that many of the items have been completed, but is currently waiting for electrician to complete a few more items by end of week. Decision Ms. Ellis ordered a 30-day extension date of October 21, 2016, or$150 a day. B. Cases to be Heard — New Case No. 16-1282 Roberta Fitzpatrick Skaggs Trust Roberta Skaggs Ullom Trust Property Address: 1316 SW 28 St. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH2.5 SEC 2.5-12 & 13 Excess false alarms and service fee. Officer Guillaume presented the case, which was a City Department referral. The initial inspection date was August 9, 2016. It is not a repeat violator. Initial written notice was April 9, 2016. Fifteen days given to comply. Notice sent Certified Mail August 31, 2016. Date property last inspected was September 20, 2016. Ms. Ellis asked for clarification of the violation. Tanya Guim, Code Compliance Officer, had record of five false alarms; three false alarms are allowed per year for free. June 9, 4th alarm, charge $75, July 15th 5th alarm, charge $100, total $175.00. All occurrences came from the alarm company and were considered valid calls to the police department; however, all were false alarms. City recommends if the invoice is not paid, a fine be added. Roberta Skaggs Fitzpatrick, owner, stated she is handicapped and could not get inside quickly enough to shut off the alarm due to damaged "beeper." By the time she got to the alarm to turn it off and called security asking them to not dispatch police, they claimed on each occasion they had called police telling them the owner's presence was verified. Ms. Ellis asked if Mrs. Fitzpatrick could get a letter from the security company confirming this. Mrs. Fitzpatrick said she had a new beeper on her keychain to turn off alarm. Officer Guim confirmed that CAD notes do not indicate calls to cancel dispatch. Decision Ms. Ellis ordered a written letter from the security company confirming the testimony be submitted to Code Enforcement Office in 7 days, September 28, 2016. If not, must pay the $175 invoice immediately, or an additional $50 fine. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. 16-1116 Patricia Perrault Property Address: 1004 SW 3rd Way Type of Property: Single-family home Violation(s): CO CH 10 SECT 10-56D Repair and paint roof. Permit may be required. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was June 24, 2016. It is not a repeat violator. Initial written notice was July 12, 2016. Thirty days given to comply. Notice was posted on the property and at City Hall on September 9, 2016. Date property last inspected was September 20, 2016. There are health and safety hazards on property. City recommended 30 days for compliance, or $100 a day. Ms. Ellis asked for details on the health and safety issues. Office Cain said the roof has a hole that could leak into electrical system, and handed photos to Ms. Ellis for review. Patricia Perrault, owner, stated the problem started three years ago with a hail storm and roof started caving in. The insurance company sent an adjuster who said to pray for a hurricane. Ms. Perrault applied for reverse mortgage, which was denied due to insufficient equity, even at 23 years. Another hail storm, same adjuster, same denial. She applied for a grant to repair roof, no reply. She has run out of options. Ms. Ellis asked if there is a City program available. Mr. Yannuzzi made a suggestion for possible assistance/funding. Ms. Perrault had an estimate for repair between $7,000 and $8,000, which she gave to Ms. Ellis. Decision Ms. Ellis ordered a 45-day extension date of November 5, 2016, or$100 a day. Case No. 16-1144 Kristen Schneeloch Property Address: 922 SW 28th Ave. Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120D INC Remove all dead palm fronds from yard, install sod in yard. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was July 6, 2016. It is not a repeat violator. Initial written notice was July 29, 2016. Ten days given to comply. Green card was signed with no date. Date property was last inspected September 20, 2016. No health and safety hazards. City recommended 15 days for compliance, or $100 a day. Ms. Ellis asked for pictures of the violation. Kristen Schneeloch, owner, stated she was not aware of the notice until August 30, 2016. Someone was brought in since then to clean up the property. However, there had never been sod there, and they are not palm fronds but bamboo leaves which act as Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 mulch on property. Does not dispute that new neighbors may have a problem with her property. Ms. Schneeloch would like to bring in a permanent solution other than sod, but due to work schedule with frequent travel, asks for a 45-day extension. Decision Ms. Ellis ordered a 30-day extension date of October 21, 2016, or$100 a day. Case No. 16-1241 Cedarwood Villas Assoc. of Boynton Beach, Inc. Property Address: 2400 SW 19th Ave. Type of Property: Multi-family unit Violation(s): CO CH10 SECT 10-24a1 Trash bins placed out after garbage truck has gone by. Garbage and trash shall not be set out prior to 6:00 p.m. of the day preceding scheduled pickup. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was July 29, 2016. It is not a repeat violator. Initial written notice was August 9, 2016. Ten days given to comply. Notice was posted on the property and at City Hall on September 9, 2016. Date property was last inspected September 20, 2016. No health and safety hazard. City recommended a Cease & Desist for compliance of 15 days, October 6, 2016, or fined $100 per occurrence. Property was currently in compliance. Roger Carver, owner management company, stated the swale/property does not belong to Cedarwood, it is the City's property. The problem had been going on for a couple of years where the City had been asked to post No Dumping signs on this particular swale. People come off Congress Avenue — landscaping trucks, junk haulers — and dump there. The owners have exhausted all avenues to monitor that swale and get no cooperation from the City or Solid Waste Division. Mr. Carver asked for help to resolve the issue. Ms. Ellis asked for clarification. Officer Cain said the swale area is to be maintained by property owner even though it is the City right-of-way. Mr. Carver said they do cut the grass, but difficult to constantly monitor for trash dumping. They have caught license plates of outsiders on occasion, but Police say it is not their job. Ms. Ellis said it is not her role to come up with solutions, but encourages a meeting with Code Enforcement going forward. Mr. Yannuzzi said a report should be made to the Police when a dumping is in progress, do not wait to report it. Decision Ms. Ellis ordered a Cease & Desist effective in 15-days, October 6, 2016, or $100 per occurrence thereafter. Case No. 16-1246 James Legg & Joyce Martin Property Address: 210 Live Oak Lane Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Type of Property: Multi-family home, duplex Violation(s): CO CH 10 SECT 10-59a CO CH 10 SECT 10-59d Owner of property shall provide and maintain all mechanical and electrical facilities in a safe and working condition. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was August 1, 2016. This is not a repeat violator. Initial written notice was August 18, 2016. Ten days given to comply. Notice was posted on the property and at City Hall on September 8, 2016. There is a health and safety hazard. City recommends 10 days for compliance, October 1, 2016, or $100 a day. Ms. Ellis asked for clarification and Officer Cain said there is no electrical power whatsoever at the occupied multi-unit property, possibly because of unpaid bill. Kathleen Cronin (will be made personal representative as property is in probate) said she just received notice September 16, 2016. Ms. Cronin stated she was not aware of anyone living on the property, but whoever is there is not supposed to be there. The property was owned by James Legg and his mother, who is deceased. Also, the AC has not worked for several years. The property is in probate, all the paperwork is in order, with the exception of notarized signature of Mr. Legg who could not be located until recently. Ms. Ellis asked if the ordinance is that there needs to be functioning electrical facilities, regardless of anyone living there. Mr. Yannuzzi said the building cannot be occupied without power. Ms. Ellis said she would order a prohibition of occupancy until probate is settled, at which time Cease & Desist can be lifted with an inspection that property is in compliance. Mr. Yannuzzi asked the case be revisited in 60 days. Decision Ms. Ellis ordered a Cease & Desist effective immediately, prohibiting occupancy of property until written evidence is provided the electrical facilities are in working condition, or $250 per occurrence if someone is found living there. Case No. 16-1266 TAH 2015 1 Borrower LLC Property Address: 121 SE 5t" Ave. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Cain presented the case, which was a routine inspection. Initial inspection date was August 5, 2016. It is not a repeat violator. Initial written notice was August 5, 2016. Ten days given to comply. Notice was posted on the property and at City Hall on Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 September 9, 2016. No call for an inspection had been received. Date property was last inspected September 20, 2016. There are no health and safety hazards. City recommended 10 days for compliance, October 1, 2016, or $100 a day. Leo Farias, maintenance manager, stated application is ready, but is waiting for a check to arrive from owner, at which time he will contact Officer Cain for an inspection. Mr. Yannuzzi said the 2016 application fee was paid, but there had been no inspection since May. Mr. Farias said the owner had changed, but the inspection under previous ownership was made. They didn't understand why a new inspection was needed at the time, and this will be for the 2016 and 2017 Business Tax Receipt (BTR). Mr. Yannuzzi said one inspection will take care of 2016 and 2017. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$100 a day. Case No. 16-1294 Po Ying Sem's Revocable Trust & Po Ying Sem Property Address: 1202 NW 7t" Court Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH 10 SECT 10-2 CO CH 10 SECT 10-3 CO CH15 SECT 15-120d INCL Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Remove all trash and debris from side, front, rear yard and trim hedges. Install sod in bare/dead spots. Officer Cain presented the case, which was a citizen complaint. Initial inspection date was August 11, 2016. It is a repeat violator. Initial written notice was issued August 11, 2016. Ten days given to comply. Notice was posted on the property and at City Hall on September 8, 2016. Property was last inspected on September 20, 2016. Health and safety hazards exist. City recommended 30 days for compliance, or $200 a day. Ms. Ellis asked if any items had been resolved. Officer Cain said some were done, but much is still uncompleted, and he had photos. Inspection still needs to be done for BTR. Joseph P. Andy [phonetic], attorney, representing owner, stated they had spoken before the hearing with the Code Enforcement officer. The owner had applied and paid for the license, most have been removed, a few remaining things to do. Asking for another 15 days to complete, and will call for inspection. Mr. Yannuzzi stated that BTR and Certificate of Use were applied for on July 29, which was applied by the Building Department to 2017. Mr. Yannuzzi directed them to go back and pay for 2016, plus late fees, and then straighten out 2017 renewals. This is a 2016 case. Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Ms. Ellis ordered a 15-day compliance date of October 6, 2016, or$200 a day. Case No. 16-1189 THR Florida LP Property Address: 8361 Bermuda Sound Way Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 21, 2016. It is a repeat violator. Notice was posted on the property and at City Hall on September 9, 2016. Ten days were given to comply. City recommended 10 days for compliance, or $200 a day. Ms. Ellis asked if application for BTR had been made. Officer Guillaume said it had, but no inspection had been scheduled. RoxAnn Wallace, portfolio operations director, understands the outstanding issues and said that inspections are needed on a list of properties which she had submitted to Officers Weixler, Pierre, and Cain. Mary Untch, project coordinator, stated about 200 homes were owned in Boynton Beach, and is asking for more than 10 days extension. The BTRs are paid, it's just a matter of coordinating inspections with the residents. Mr. Yannuzzi said it would have to go on a case-by-case basis. This particular case applied for BTR in May and there still hasn't been an inspection. Mr. Yannuzzi said the City had no objections to extending to 30 days. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1198 2014 1 IH Borrower LP Property Address: 1320 Piazza Delle Pallottole Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 23, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or$200 a day. Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1203 THR Florida LP Property Address: 2817 S Evergreen Circle Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 23, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Green card was signed September 6, 2016. City recommended 30 days for compliance, or $200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1221 IH2 Property Florida LP Property Address: 2882 Oasis Dr. Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 23, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or$200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1223 IH2 Property Florida LP Property Address: 40 Tara Lakes Drive East Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1226 IH2 Property Florida LP Property Address: 27881 South Evergreen Circle Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or$200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. 16-1227 IH3 Property Florida LP Property Address: 79 Maple Lane Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or$200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1228 IH3 Property Florida LP Property Address: 1728 Banyan Creek Court Type of Property: Single-family home, non-homesteaded 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or$200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1229 IH3 Property Florida LP Property Address: 602 NW 6t" Ave Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-1230 IH3 Property Florida LP Property Address: 1625 Renaissance Commons Blvd., Unit 203 Type of Property: Multiple-family unit 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 27, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $200 a day. RoxAnn Wallace, portfolio operations director, and Mary Untch, project coordinator, appeared for owner. Mr. Yannuzzi stressed that inspections be scheduled immediately due to the number of inspections needed, and renewals need to be in so that 25% penalties after October 1 can be avoided for 2017, inspections only required every 2 years. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $200 a day. Case No. 16-952 Lisa G. Watson & Nadine Watson Property Address: 122 W Ocean Drive Type of Property: Single-family home, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH 10 SECT 10-56b CO CH 10 SECT 10-56c Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 CO CH 10 SECT 10-56d Obtain permits for windows installed without a permit. Pool must be maintained in a clean, sanitary condition or be drained and covered. Repair deteriorated driveway. Paint untreated fascia on exterior of home. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was May 20, 2016. It is not a repeat violator. Initial written notice was May 20, 2016. Fifteen days were given to comply. Notice was posted on the property and at City Hall on September 9, 2016. This is a health and safety hazard. Property last inspected September 20, 2016. Officer Hart was unable to verify if pool had met compliance, all other violations still exists and permits have not been pulled for the window, and he had pictures. City recommended 15 days for compliance, or $400 a day. Ms. Ellis asked if the home is occupied, Officer Hart said yes. Nadine Watson, owner, stated the pool compliance is extremely costly and she cannot afford it at this time. She was unaware two years ago that she needed a permit for the window. As to the other exterior issues, they have been that way for 10 years and she was not aware they were violations. Ms. Ellis told the owner that the pool is a health and safety violation and at least must be drained and covered within five days. Decision Ms. Ellis ordered a 5-day compliance date of September 26, 2016, or $400 a day for the pool; and 30-day compliance date of October 21, 2016, or $400 a day for the remaining violations. Case No. 16-1095 Karl W. Washington Property Address: 1017 N Railroad Ave Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120d INCL CO CH 10 SECT 10-56d CO CH 10 SECT 10-56h Remove/exterminate all bees on property, remove all materials stored outside as well as trash and debris, remove derelict trailer from property, repair broken window. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was June 22, 2016. It is not a repeat violator. Initial written notice was June 22, 2016. Ten days were given to comply. Notice was sent by Certified Mail August 19, 2016. Green card was signed August 30, 2016. This is a health and safety hazard. Property last inspected September 20, 2016. Officer Hart said the trailer had been removed, but Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 all other violations still exists, and he had pictures. City recommended 15 days for compliance, or $300 a day. Nina Clark, niece of deceased owner, stated she lives at the property while trying to clean the house out, and that she understands what needs to be fixed. Decision Ms. Ellis ordered a 15-day compliance date of October 6, 2016, or$300 a day. Case No. 16-1164 Walter J. Perry & Kathleen H. Perry Property Address: 602 NW 5t" St. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120d INCL Remove all material stored outside as well as trash and debris. Officer Hart presented the case, which was a City Department referral. Initial inspection date was July 13, 2016. It is not a repeat violator. Initial written notice was July 13, 2016. Ten days were given to comply. Notice sent by Certified Mail August 19, 2016. Green card was signed August 23, 2016. Property last inspected September 20, 2016. Officer Hart had pictures. City recommended 10 days for compliance, or $100 a day. Walter Perry, owner, stated he understands what needs to be done. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$100 a day. Case No. 16-1181 Vernon Thompson Jr. Trust Property Address: 606 NE 1St St. Type of Property: Multi-family home Violation(s): CO CH 10 SECT 10-56d CO CH 10 SECT 10-56e CO CH 10 SECT 10-56h CO CH10 SECT 10-58 INCL CO CH 10 SECT 10-58e CO CH10 SECT 10-59 INCL CO CH 10 SECT 10-59D All plumbing fixtures must be installed and working properly, permits required. All electrical fixtures must be maintained and in clean, sanitary working condition. Interior structure must be maintained in a clean, sanitary condition. Nothing shall be stored on the water heater Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 than can be considered a fire hazard. All windows and doors must be maintained in good repair and properly installed, permits required. Property must be maintained free of insect infestation. Any occupied property must have running and sanitary water. Officer Hart presented the case, which was a City Department referral. Initial inspection date was July 18, 2016. It is a repeat violator. Initial written notice was July 18, 2016. Ten days were given to comply. Notice was sent by Certified Mail August 19, 2016. Green card was signed August 25, 2016. Property last inspected September 21, 2016. Officer Hart was unable to access unit, but proof had not been provided that the violations have been fixed, permits have not been applied for, but water had been restored. Office Hart had old pictures from initial violation inspection with Police Department, and of the front of the house now. This is a health and safety hazard. City recommended 30 days for compliance, or $1000 a day, as long as the property is vacant. Officer Hart added that there is no door handle on the property, it is held closed by a rock, but without permission he could not enter, and he is unsure if property is occupied. Ricky Scott, son of owner, stated he was just made aware of the issues last week. He is in the process of working with general contractor to bring everything up to par. Ms. Ellis directed the order will state it is prohibited for anyone to live on property until compliance on all violations is met. Mr. Yannuzzi recommended a separate order for a Cease & Desist with regard to occupancy and to secure within 24 hours. Decision Ms. Ellis ordered a 30-day compliance date of October 1, 2016, or $1000 a day, and a separate Cease & Desist prohibiting habitation and property secured within 24 hours, or $1000 a day. Case No. 16-1307 Venus Pierre Louis Property Address: 306 NW 1St Ave. Type of Property: Single-family home Violation(s): CO CH 13 SECT 13-7 CO CH 15 SECT 15-120d Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Mow, trim, and de-weed all overgrowth. Officer Hart presented the case, which was a citizen complaint. Initial inspection date was August 11, 2016. It is not a repeat violator. Initial written notice was August 11, 2016. Ten days were given to comply. Notice was sent by Certified Mail August 25, 2016. Green card was signed September 1, 2016. Officer Hart stated the BTR had been Page 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 put in the correct name, the overgrowth had been mowed, and he met with Ms. Joseph in lobby before hearing and thinks they have reached a resolution, but before case is complied, would like to recommend the case be tabled for 30 days to see if resolution works. Rudsa Joseph, manager of LLC, stated the property had been deeded back to the LLC since the violation and she would be handling this going forward. Decision Ms. Ellis ordered the case be tabled for 30 days to October 19, 2016. Case No. 16-1180 Wilfrid Nazaire Property Address: 449 SW 3rd Ave. Type of Property: Single-family home, non-homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Permit required for patio enclosure. Officer Pierre presented the case, which was a routine inspection. Initial inspection date was July 18, 2016. It is not a repeat violator. Thirty days were given to comply. Notice was sent by Certified Mail August 31, 2016. Notice was posted on the property and at City Hall on September 9, 2016. City recommended 30 days for compliance, or $100 a day. Wilfrid Nazaire, owner, stated he understands what needs to be done. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $100 a day. Case No. 16-1206 Sunshine Investment Group LLC Property Address: 201 SE 22nd Ave. Type of Property: [not stated] Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Pierre presented the case. Initial inspection date was July 26, 2016. City recommended 10 days for compliance, or$200 a day. Ms. Ellis stated for the record that no one appeared on behalf of the respondent. Page 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$200 a day. Case No. 16-1039 Marta R. Pejouhy Property Address: 152 SE 28th Ave. Type of Property: Single-family home, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH15 SEC 15-120 D INCL CO CH 15 SEC 15-120 D 1 B CO CH 10 SEC. 10-60 B Obtain building permit for illegally constructed fence on west side of property. Remove all trash and debris, and outside storage. Fire safety requires all means of egress to be unobstructed. Open hurricane shutters. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was June 8, 2016. It is not a repeat violator. Ten days were given to comply. Green card was signed August 15, 2016. Property last inspected September 20, 2016. Officer Weixler stated as of September 21 shutters are open and is no longer a violation; however all other violations remain. City recommended 30 days for compliance, or $100 a day. Walter Pejouhy, son of owner, stated no one is sure who is responsible for the fence between the house and the neighbors', but they did not put it up. He does understand the fence attached to the side of the house needs to come down. Officer Weixler said a site-specific survey of the property is needed to determine who is responsible, and the owner has a civil matter with the neighbor if the construction is illegal. Officer Weixler showed Mr. Pejouhy the pictures taken of the property to explain the citations. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $100 a day. Case No. 16-1176 Wahoo LLC Property Address: 2626 N Federal Highway Type of Property: Commercial property Violation(s): 109.47 101.37 111. 17 116.1.47 110.3 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Means of egress. Sanitation and safety to life and property. Imminent danger to human life or health. Use of change of occupancy without a Certificate of Occupancy issued by the Building Official. Page 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Officer Weixler presented the case, which was City Department referral. Initial inspection date was July 18, 2016. It is a repeat violator. Written notice given July 18, 2016. Five days were given to comply due to health and safety issues. Green card was signed September 1, 2016. Property last inspected September 20, 2016. Violations still exist. City recommended 30 days for compliance, or $250 a day. Officer Weixler stated the building was placarded for no occupancy by Building Official when discovered there was no Certificate of Occupancy, therefore life safety issue does not apply. Ms. Ellis asked about the means of egress, sanitation, and safety. Officer Weixler said the use of the building had been changed without first going to Building Department, and he took those items off the Red Tag given by Building Official. Mr. Yannuzzi confirmed that this is a multi-building site and only one building cannot be occupied at this time (old 611 Dimick Road address), and the regular commercial building at 2026 North Federal Highway can be occupied, the unity of title conjoined property that exists at 611 Dimick and the building behind it cannot be occupied. Anthony Mouro, owner, stated he had been working with the City for several months and had a full permit now, looking for an answer back from his architect shortly. Once approved by City, he estimates 45-90 days to complete all construction required. The change of occupancy from residential to commercial is part of the permit process. Officer Weixler clarified that the 30-day compliance is for the permit, then owner can have six months for inspections. (See Case No. 16-635.) Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $250 a day. Case No. 16-1247 ORRC Encumbrance Corp. Property Address: 611 Manatee Bay Drive Type of Property: Multi-family unit, Bldg. #2 Violation(s): 110.3 and 109.4 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Building and electric permits are required for repair work being done. (Car ran into building's second bedroom.) Need to secure exterior wall inside room, exterior wall, egress window, drywall. Electric work requires plans by an architect or engineer which must be signed and sealed. Officer Weixler presented the case, which was a City Department Referral. Initial inspection date was August 1, 2016. Written notice given August 1, 2016. Ten days were given to comply. Green card was signed September 6, 2016. Life safety issue is the means of egress; health and safety hazard exists. Permit not pulled, no inspections done. City recommended 7 days for compliance, or $500 a day. Page 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Ronald LaVie, construction manager, stated there was a misunderstanding with John Kuntzman on the day of the crash regarding taking pictures of blocking up the wall. The work had already been completed, working with engineer, and now in for permit. Mr. Yannuzzi confirmed that the permit was applied for on August 4, 2015, and is in plans check. Ms. Ellis stated Mr. LaVie has seven days to supply evidence that work had been done and to coordinate inspection for life-safety issues. Decision Ms. Ellis ordered a 7-day compliance date for Building Department inspection for life- safety issue of egress of September 28, 2016, or $500 a day; and 30-day compliance date of October 21, 2016, or $500 a day, for issuance of permit. Case No. 16-1270 Anicea A. Harrison Property Address: 3155 Orange St. Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120d INCL Remove all trash and debris, outside storage on property. Repair the fence on both sides of home. Reestablish the grass, landscaping or groundcover for front yard, sod or seed. Officer Weixler presented the case, which was a routine inspection. Initial inspection date was August 8, 2016. It is not a repeat violator. Written notice given August 8, 2016. Ten days were given to comply. Green card was signed August 25, 2016. Officer Weixler stated fence was repaired on both sides of home, only trash, debris, and outside storage still exist, and he had pictures. City recommended 30 days for compliance, or $100 a day. Anicea A. Harrison, owner, stated she had taken care of the fencing, the debris and old fencing will be picked up by trash collectors, but she claims to have nothing saying she had to redo the grass. She is getting help from the City to fix up the house. Ms. Ellis stated the issue with the grass and landscaping can be tabled to next month, pending proof that the owner had made application to the City for assistance and when funds can be expected. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $100 a day. Case No. 16-1248 Kimloy & Samuel Denson (not mortgage holder) Property Address: 1457 NW 4t" St. Type of Property: Single-family home, homesteaded Page 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Violation(s): CO CH 4 SEC 4-4, SEC 4-36, SEC 4-37 Manner of keeping, remove dogs from tethers and remove any unlawful enclosures. County registration. Rabies vaccinations. Officer Roehrich presented the case, which was made by anonymous City employee. Initial inspection date was July 29, 2016. It is not a repeat violator. Proof of service sent Certified Mail August 19, 2016. Green card was signed August 25, 2016. City recommended a Cease & Desist 30 days for compliance, or $100 a day. Officer Roehrich gave facts of the case for the record even though the respondent was not present. Complaint received GOMplain via anonymous City worker regarding a chained dog in a back yard, concerned about extreme heat conditions and dog's frequent barking. Officer Roehrich read her report of her actions into the record. Concerns are that 10 years ago a search warrant was served by Officer Roehrich at that residence regarding dog fighting activity. She cited similarities in the two cases, and had suspicions as to whether or not these dogs were used for an illegal purpose due to animals being hastily removed when an average pet owner has nothing to hide. Officer Roehrich showed Ms. Ellis some photos. Property was last inspected August 1, 2016, when the animals were at least removed from the backyard, but may have been inside or elsewhere on the premises. This is not a health and safety hazard for humans, but definitely is for the animals. Not a repeat violator. No current hurricane hazard. City recommends a Cease & Desist Order effective September 22, 2016, with a fine of$1000 per occurrence. Ms. Ellis stated for the record that no one appeared on behalf of the respondent. Decision Ms. Ellis ordered a Cease & Desist order effective September 22, 2016, with a $1000 fine per occurrence. VII. OLD BUSINESS A. Lien Penalty Certifications — Tabled Case No. 15-2074 701 West Boynton Beach Blvd LLC Property Address: 701 W. Boynton Beach Blvd. Officer Pierre presented the case, stating the case has been complied and the City recommends no fine. Page 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Luis Rivera, representative of franchisee, director of construction, appeared. Decision Ms. Ellis certified that the case has been complied. Case No. 16-1078 Jonathan Davison Property Address: 722 SW 24TH AVE Officer Pierre presented the case, stating the case has been complied and the City recommends no fine. Jonathan Davison, owner, appeared. Decision Ms. Ellis certified that the case has been complied. Case No. 16-537 Rosena Luberisse Property Address: 3360 N. Seacrest Blvd. Officer Weixler presented the case, stating it has been tabled to October 19, 2016, and the respondent had already left. Decision Ms. Ellis certified that the case has been tabled to October 19, 2016. Case No. 16-635 Wahoo LLC & Sobriety Now, Inc. Property Address: 2026 N Federal Highway Type of Property: Commercial property 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 Permit required for parking lot striping. Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy for Sobriety Now, Inc. Officer Weixler presented the case. Notice of violation was March 23, 2016. Magistrate hearing was May 18, 2016, and Anthony Mouro appeared. Compliance date was June 17, 2016, fine proposed by Magistrate was $250 a day. Property was last inspected September 20, 2016, and violations still exist. There are 96 days of non-compliance, Page 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 fine continues to accrue at $250 a day, plus administrative costs of $634.12. Ms. Ellis added that the appearance scheduled for August was tabled to September. Anthony Mouro, owner, stated he did not realize until this hearing that these are two different cases (see Case No. 16-1176), but that the permit package he had been working on with Building Department and Zoning includes them both. Officer Weixler summarized the progression of the cases, and Mr. Mouro confirmed the ongoing modifications to the plan, everything had been submitted, and should hear back shortly. Ms. Ellis commented that a 30-day extension had already been given, but she will table it another 30 days. If nothing is complied with, the lien will stand. Mr. Yannuzzi stated both of Mr. Mouro's cases (16-635 and 16-1176) are finally linked and should always be on the Agenda together. Decision Based on the testimony, Ms. Ellis certified the case will be tabled to October 21, 2016. F. Lien Reductions — Tabled Case No. 09-2217 Thornhill LP (currently Harold & Marie Bell) Property Address: 1961 NE 1St Way Type of Property: Single Family Home Violation(s): CO CH15 SECT 15-120d INCL Mow overgrown yard and repair/replace driveway. Mr. Yannuzzi presented the case. Notice of violation was July 8, 2007. Code compliance hearing date was September 16, 2009, and no one appeared. The Code compliance date was September 26, 2009, or $50 a day. Compliance date was November 10, 2009, or 44 days of non-compliance at $50 a day for a total fine of $2,200.00, plus administrative costs of $634.12. There were two additional inspections with regards to lien reduction. Code Compliance was first contacted for lien reduction in March 2012, several violations were discovered, including missing screens on windows and sliding door, repair rotted wood on shed, install door on shed, and repair open electrical outlet in rear, replace AC condenser, and repair fence on west side. In addition, there were outstanding water bills. New owners took possession of property "as is" in April 2012. Mr. Yannuzzi was re-contacted by Mr. Bell in July 2016, and the process for lien reduction was restarted. Inspection was done August 15, 2016, and everything was found to be in compliance. There are no outstanding utility bills, monies owed to the City, or property taxes due. Harold Bell, owner, stated he did not understand that there was a lien until recently, or they would have paid it long ago. Page 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Based on the testimony, Ms. Ellis reduced the lien to the administrative costs of $634.12. G. Lien Reductions — New Case No. 11-2522 Ronald Luongo Property Address: 3204 Tuscany Way Type of Property: Condominium Violation(s): CO CH 10 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 September 15, 2011. Code compliance hearing date was March 21, 2012, and no one appeared. The Code compliance date was March 31, 2012, or $100 a day. Compliance date was August 2, 2012, or 123 days of non-compliance at $100 a day for a total fine of $12,300.00, plus $634.12 administrative costs. With regards to this lien reduction case, there have been two additional inspections. Mr. Yannuzzi was first contacted for lien reduction on September 7, 2016. The case had not been complied due BTR and Certificate of Use not being up to date, and no inspection done. The licensing issues were addressed quickly, no additional code cases created. Inspection on September 12, 2016, found a smoke detector missing from bedroom and electrical panel not properly labeled. Both issues were taken care of that date, and confirmed by re-inspection. There were no other monies owed the City, and property taxes were paid. Tim Olenn, counsel for owner, Ronald Luongo, stated the property had previously been inspected and received affidavit of compliance for both properties on December 31, 2015. Owner assumed at that time that had there been any outstanding lien issues, they would have been brought to his attention at that time. When Mr. Luongo tried to refinance his two properties, he found out about the 2012 lien, and immediately complied. Mr. Yannuzzi and Mr. Olenn discussed and clarified the correction of contact addressed. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000, plus administrative costs of$634.12. Case No. 11-2527 Ronald Luongo Property Address: 3221 Tuscany Way Page 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Type of Property: Condominium Violation(s): CO CH 10 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 September 15, 2011. Code compliance hearing date was March 21, 2012, and no one appeared. The Code compliance date was March 31, 2012, or $100 a day. Compliance date was July 30, 2012, or 120 days of non-compliance at $100 a day for a total fine of $12,000.00, plus $634.12 administrative costs. With regards to this lien reduction case, there have been two additional inspections. Mr. Yannuzzi was first contacted for lien reduction on September 7, 2016. The case had not been complied due to the BTR and Certificate of Use not being up to date, and no inspection done. The licensing issues were addressed quickly, no additional code cases created. Inspection on September 12, 2016, found a smoke detector missing from bedroom and an exhaust fan was not working. Both issues were taken care of that date, and confirmed by re-inspection. There were no other monies owed the City, and property taxes were up to date. Tim Olenn, counsel for owner, Ronald Luongo, stated the smoke detector was not in the appropriate location per City's code, which was originally installed by the developer. Mr. Yannuzzi confirmed the owner's cooperation throughout on both cases. Decision Based on the testimony, Ms. Ellis reduced the lien to $500, plus administrative costs of $634.12. Case No. 15-129 IH3 Property Florida LP Property Address: 1374 Piazza Delle Pallottole 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 January 16, 2015. Code compliance hearing date was April 15, 2015, and no one appeared. The Code compliance date was April 25, 2015, or $500 a day. Compliance date was July 28, 2016, or 459 days of non-compliance at $500 a day for a total lien of $229,500, 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. Because no inspection had been done to comply the original BTR violation, an inspection was done on July 28, 2016, Page 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 and the case complied. No issues were discovered to further delay lien reduction. There were no other monies owed to the City and property taxes were paid. Mary Untch, project coordinator for IH3 Property Florida, Invitation Homes, stated they have several properties in Boynton Beach. Ms. Ellis asked for the value of this home, Mr. Yannuzzi said as of June 17, 2016, the proven value was $174,500, in 2014 it was $153,500. Ms. Untch explained the confusion with personnel changes at the time, but the BTR is paid. Matters are under control, and would like to ask for forgiveness to have liens reduced, as was done last month for another property of IH3, and was very much appreciated. Also, IH3 is working closely with the Code Compliance to get over 200 of their other properties inspected in a timely manner. Decision Based on the testimony, Ms. Ellis reduced the lien to $10,000 plus administrative costs of$634.12. Case No. 15-2654 Karen Schiff Property Address: 3566 South Lake Drive Violation(s): CO CH13 SECT 13-7 INCL CO CH 13 SECT 16 CO CH 10 SECT 10-56d Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Clean pool, pool must be in sanitary condition. Remove debris from property. Install minimum 4-inch numbers on building to be visible from street. Added violation 12/28/15: secure pool gate, gate must be self-latching; fix roof, sod yard, and de-weed. Mr. Yannuzzi presented the case. Notice of violation was November 25, 2015. Code compliance hearing date was February 17, 2016, and Lorrent Guillot appeared. The Code compliance date was February 18, 2015, because of the pool, or $1,000 a day. Compliance date was September 14, 2016, or 208 days of non-compliance at $1,000 a day for a total lien of $208,000, plus administrative costs of $730.15. With regards to this lien reduction case, there have been two additional inspections. Mr. Yannuzzi was originally contacted in February 2016 to discuss complying the open code case and move to lien reduction. There was an initial issue with an outstanding water bill of over $1,300. Eventually a credit was issued due to a leak, and that matter was resolved. Following numerous police calls for service and complaints from neighbors, it was determined that tenants were on the property. Several neighbors were present at the February 17 hearing, one testified regarding the unsafe pool. Contact made with tenants as well as maintenance man Mr. Guillot to determine the current Page 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 condition of the home, the occupancy, and maintenance work done on the roof. Over the course of several months, the issues previously mentioned were addressed and re- inspected. Due to delays in compliance, some issues reoccurred, such as new case for the pool on August 31, 2016, and complied on September 13, 2016. All issues have since come into compliance as of September 14, 2016. There are no other monies to the City and all County taxes have been paid. Karen Schiff, owner, stated she had been living at property since May 1997, but when lien was issued, she was out of the country for a family illness. Ms. Schiff explained extenuating circumstances and asked, due to hardship, if the lien could be reduced to zero. Mr. Yannuzzi explained that Ms. Schiff will have approximately 90 days to pay the fine; but unpaid it will revert back to the original amount and there will be no opportunity to return for a lien reduction. Mr. Yannuzzi explained the process for appealing the decision, and the seven-day window to apply. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000, plus administrative costs of$730.15. NOTE: At end of meeting, Ms. Ellis revisited this issue, stating that when someone is within a Ch. 13 Bankruptcy protection, there is a Federal stay against creditors to collect. Ms. Ellis would like to know where Ms. Schiff is in the process, because Ch. 13s are either a three-year or five-year plan. Perhaps Ms. Schiff's bankruptcy attorney could contact this Court with this information. It could be that the City could be in violation if there is an attempt to collect, so the City Attorney should be asked to look into the matter. At the direction of the Magistrate, Mr. Yannuzzi said he would do it. H. Stipulated Agreement Case No. 16-1260 Valrie McIntosh Property Address: 2020 NE 1St Lane Mr. Yannuzzi stated there is a properly executed Stipulated Agreement from Ms. McIntosh that the Magistrate had signed September 21, 2016, and awaiting closing in this case to be moved forward. This incorporates active Code Case No. 16-749, closed Code Case No. 15-1508, and open Lien Case No. 15-212 into new Stipulated Agreement Case No. 16-1260. Decision Ms. Ellis approved the Stipulated Agreement between the City of Boynton Beach and Valerie McIntosh, which had already been executed. Page 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. 16-1322 Raja's Family Investments, Inc. Property Address: 1305 S Federal Highway Mr. Yannuzzi stated there is a properly executed Stipulated Agreement incorporating open Lien Case #15-1870. The new owners have closed and payment had been received in full. The Release of Lien is in process. Decision Ms. Ellis approved the Stipulated Agreement between the City of Boynton Beach and Raja's Family Investments Inc, which had already been executed. VI. NEW BUSINESS B. Cases to Be Heard — New Case No. 16-1280 Joan C. Parrish Property Address: 149 SE 27th Ave. Officer Pierre presented the case. City recommended 10 days to comply, or$50 a day. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$50 a day. Case No. 15-2185 Stabel Property Holdings, LLC Property Address: 3112 SE 1St PL Mr. Yannuzzi recommended this case be tabled to October 19, 2016. Case No. 16-819 2600 Quantum Blvd. LLC Property Address: 2600 Quantum Blvd. 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 October 6, 2016, or$100 a day. Case No. 16-1276 Equity Trust Co Custodian Property Address: 1 Renaissance Way, Unit 201 Officer Cain presented the case. City recommended 15 days to comply, or $100 a day. Page 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Ms. Ellis ordered a 15-day compliance date of October 6, 2016, or$100 a day. Case No. 16-241 Kicking Stallions Sims Grlenntys Property Address: 103 NE 16th 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 October 21, 2016, or $100 a day. Case No. 16-919 CML RE Investments Inc. Property Address: 241 NE 16th Court 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 October 21, 2016, or $100 a day. Case No. 16-1153 Willie & Wilhemenia Ward Property Address: 428 NW 3rd Ave. Officer Hart presented the case, stated he had spoken with Mr. Ward in the lobby that morning. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $150 a day. Case No. 16-1160 Mia Real Rentals LLC Property Address: 421 SW 5th Ave. Officer Hart presented the case. This is a repeat violator. City recommended 10 days to comply, or $200 a day. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$200 a day. Case No. 16-1167 Thomas Peterson III Property Address: 130 NE 3rd Ave. Page 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 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 October 16, 2016, or $100 a day. Case No. 16-1178 Jerry L. Parrish Property Address: 225 SW 9th Ave. Officer Hart presented the case. City recommended 15 days to comply, or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of October 6, 2016, or$250 a day. Case No. 16-1258 George A. Damiani Property Address: 418 NW 11th 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 October 1, 2016, or$100 a day. Case No. 16-1288 4th Street LLC Property Address: 407 SE 4th St. 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 October 6, 2016, or$100 a day. Case No. 16-1046 Rodney L. & Rhonda L. Patrick Property Address: 165 SE 26th Ave. Officer Pierre presented the case. City recommended 30 days to comply, or$50 a day. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $50 a day. Case No. 16-1127 S1 Capital Partners LLC Property Address: 207 SE 25th Ave. Page 29 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 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 October 1, 2016, or$100 a day. Case No. 16-1197 Mark Gaylord Property Address: 3006 Greenwood Lane 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 October 1, 2016, or$100 a day. Case No. 16-1200 173 SE 20th Ave LLC Property Address: 173 SE 20th 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 October 1, 2016, or$100 a day. Case No. 16-1240 John Held, LLC Property Address: 232 SE 26th 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 October 1, 2016, or$200 a day. Case No. 16-1242 John Held, LLC Property Address: 242 SE 26th 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 October 1, 2016, or$200 a day. Case No. 16-1252 921 SW 34th St. LLC Property Address: 921 SW 34th St. Page 30 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 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 October 1, 2016, or$100 a day. Case No. 16-1263 Yaflag LLC Property Address: 1481 NW 2nd St. 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 October 1, 2016, or$200 a day. Case No. 16-1273 American Communities Inc. Property Address: 112 SE 23rd 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 October 1, 2016, or$200 a day. Case No. 16-854 Nationwide Investment Firm Group Property Address: 829 SW 1St Court Officer Weixler presented the case. This is a repeat violator. City recommended 10 days to comply, or $250 a day. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$250 a day. Case No. 16-1173 Gelacio & Maria Maldonado and Jose L. Negrete Property Address: 130 NE 27th Ave. Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date of October 21, 2016, or $100 a day. Page 31 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. 16-1182 J & R Creative Real Estate Services LLC Property Address: 11 NW 28th Ave. Officer Weixler presented the case. City recommended 15 days to comply, or $150 a day. Decision Ms. Ellis ordered a 15-day compliance date of October 6, 2016, or$150 a day. Case No. 16-1335 Lyciana & Roberson Innocent Property Address: 127 Arthur Court Officer Weixler presented the case. This is a repeat violator. City recommended 10 days to comply, or $250 a day. Decision Ms. Ellis ordered a 10-day compliance date of October 1, 2016, or$250 a day. VII. OLD BUSINESS B. Lien Penalty Certifications - New Officer Pierre stated that the following will be certified as No Fine. Case No. Respondent 16-1022 Dean Polimeni & Vivian Polimeni 16-312 Juvenal Suarez & Myrna Suarez 16-1005 Third Federal Savings & Loan 16-1013 Wells Fargo Bank NA 16-1023 Thomas J. Woolley & Patricia L. Woolley 16-1048 Dillon Boynton LLC 16-791 GE Shuping Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. D. Lien Penalty Certifications — Tabled Officer Pierre stated that the following will be tabled until October 19, 2016. Page 32 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Case No. Respondent 16-900 Irache Partners LLC 16-444 Meeshee LLC 15-2532 Clemente Perez & Elsa Hernandez 16-260 Clemente Perez & Elsa Hernandez Officer Pierre stated that the following will be tabled until November 16, 2016. 16-1024 G&I VIII Meadows Square LLC Decision Ms. Ellis ordered that all but one of the above-referenced cases be tabled to October 19, 2016. B. Lien Penalty Certifications - New Officer Pierre read the following into the record: "The City is requesting that the fines be certified in the following cases. All the violators have been provided Notice of today's hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present in Chambers for any of the cases 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 15-2619 $100.00 16-925 $100.00 16-831 $500.00 16-959 $200.00 16-1050 $100.00 16-634 $250.00 16-932 $100.00 16-635 $250.00 tabled Page 33 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida September 21, 2016 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. C. Lien Penalty Certifications — Cease & Desist Case No. Respondent 16-831 BN Estates LLC & New Standing Recovery LLC Decision Ms. Ellis ordered that the aforementioned case be certified. VIII. ADJOURNMENT Ms. Ellis concluded the hearing at 12:40 p.m. [M. Moore, Prototype Inc.] Page 34