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Minutes 10-19-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 19, 2016, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Vestiguerne Pierre, 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 41, Case No. 16-1236 — complied Page 49, Case No. 16-1432 — removed Page 50, Case No. 16-1205 — removed Ms. Ellis approved the Agenda as amended. V. ROLL CALL VII. OLD BUSINESS B. Lien Penalty Certification — New Case No. 07-647 Lawrence Grove HOA Inc. Property Address: 1246 Sussex St Type of Property: Environmental, parking lots Officer Pierre presented the case. Original notice of violation was March 9, 2007. Magistrate hearing was May 18, 2016, and no one appeared. Compliance hearing date Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 was June 17, 2016. Fine proposed by Magistrate was $250 per day plus administration fees. Code compliance date was October 4, 2016, or 1009 days of non-compliance. Fine $101,118.24. Ralph Starkey, property manager, and Daniel Sarlay, Vice President, stated that on their May 18, 2016, appearance they were in the final stages of permitting process on this nine year old case regarding removal of citrus trees. Mr. Starkey gave historical accounting of the planning and permitting process, including delays due to vacations and weather, and eventual compliance. Decision Ms. Ellis ordered that case has been complied, there is no fine, no administrative fee. VI. NEW BUSINESS B. Cases to be Heard — New Case No. 16-1351 Boynton FCA LLC/Sushi Masa and Thai Cuisine Property Address: 2282 N Congress Ave. Type of Property: Commercial Violation(s): CO CH9 NFPA 101, CH 7.9.1.1 CO CH9 NFPA 101, CH 7.9.2.2 CO CH9 NFPA 113.1.7 CO CH9 NFPA 101, CH 13.2.2.2.3 CO CH9 NFPA 1, CH 11.1.5.3.1 CO CH9 NFPA 1, CH 11.1.7.1 CO CH9 NFPA 1, CH 11.5.3.1 CO CH9 NFPA 90a, CH 6.4.1 CO CH9 NFPA 90a, CH 11.2.1 Repair all non-functional duct-detector remote test stations on the ceiling. The test stations should have the pilot green light lit at all times. Repair three units in the seating area and one in the kitchen. The seating area panic hardware is required to be installed on both two exit doors. Panic hardware is required in existing place of assembly with an occupant load of 100 persons or more. The emergency lighting system shall be arranged to provide the required illumination automatically in the event of any interruption of normal lighting due to any of the following: (1) failure of a public utility or other outside electrical power supply, (2) opening of a circuit breaker or fuse, (3) manual act or acts including accidental opening of a switch controlling normal lighting facilities, (4) an Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 extension cord shall be plugged into an approved receptacle power tab or multi-plug adapter and shall, except for approved multi-plug extension cords serve only one portable appliance. Assistant Fire Marshall (AFM), John Moore presented the case, which was a routine inspection. The initial inspection date was April 23, 2015. Initial written notice was April 23, 2015. Ten days given to comply. Notice sent Certified Mail September 15, 2016. Green card was signed October 3, 2016. Notice sent regular mail August 3, 2016. Notice was posted on the property and at City Hall on October 10, 2016. Several recent attempts have been made with property management and representatives via email and phone conversation to attempt to rectify these long-standing issues. Property last inspected September 8, 2016. It is a health and life safety hazard. City recommended 30 days for compliance, or $200 a day. Ms. Ellis asked if any issues were still outstanding. AFM Moore said some had been resolved, and all outstanding issues should be rectified by October 24, 2016. James Garbarsky, representing Sushi Masa and Boynton FCA, agreed with the narrative and all should be complied within the 30 day extension. Decision Ms. Ellis ordered a 30-day extension date of November 18, 2016, or $200 a day. Case No. 16-1568 Cynthia Alexis Property Address: 130 SE 2nd Ave Type of Property: Single-family home, homesteaded Violation(s): SECT 4-4 manner of keeping SECT 4-32 lease law SECT 4-36 county registration SECT 4-37 rabies vaccinations Officer Roehrich presented the case, which was a citizen complaint. The initial inspection date was September 23, 2016. It is not a repeat violator. Initial written notice was October 3, 2016. Two days given to comply. Notice sent Certified Mail October 4, 2016. Green card was signed October 10, 2016. Date last inspected was October 19, 2016. At this time, the majority of the violations have been corrected. Shots and tags in compliance. The only outstanding violation is the placement of kennels on the property (showed Ms. Ellis photo of kennels). City recommends a Cease & Desist order for all four of the compliances, issued with compliance date of October 21, 2016, at $500 per occurrence. Mr. Dobson, husband of respondent, is a dog breeder. There are no allegations of fighting, abuse or neglect, but always multiple dogs on property. Officer Roehrich has Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 investigated several previous incidents with Ms. Alexis, as well as several with her husband, Mr. Dobson, at previous addresses. Cynthia Alexis, owner, stated Officer Roehrich is correct, with the exception that Mr. Dobson has taken down the kennel because they keep the dogs in the house. Ms. Alexis questioned the need for a Cease & Desist. She had pictures on her phone of the kennels being torn down, which she showed to Ms. Ellis. Officer Roehrich said it is because of the repetitive nature of the violations. Every time a complaint is received, the same issues are usually cited. A discussion as to the length of the Cease & Desist Order ensued. Officer Roehrich's goal is to make sure the dogs are always in compliance, on an annual basis, without the need for reminders. Barry Dobson, owner, came forward to testify about his recollection of the history of the rabies shots. Decision Ms. Ellis ordered a Cease & Desist Order effective immediately, to remain in effect for six months to prove ongoing compliance, with instructions to properly file proof of rabies vaccinations in a timely manner. A. Cases to be Heard — Tabled Case No. 16-1150 Ghazal Apartments LLC Property Address: 251 N Atlantic Dr. 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 and for the ACLF. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was July 7, 2016. It is not a repeat violator. Initial written notice was July 7, 2016. Ten days given to comply. Notice sent by Certified Mail on September 23, 2016. Green card was signed October 4, 2016. During Certificate of Use inspection, found additional violations, such as permits needed to repair driveway, water heater without permit. Permits since pulled, water heater complies, but driveway still in plan check. Property last inspection October 18, 2016, and violations still exist. City recommended 30 days for compliance, or $150 a day. Ms. Ellis inquired as to number of tenants. Office Weixler said there were no more than six. Taleh Ghazal, owner, stated that he understands the charges, but the hurricane has thrown them off schedule with repairs for the driveway. Mr. Ghazal asked for 30 days to comply, or possibly have the case tabled. City has no objections to tabling the case. Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Ms. Ellis ordered the case be tabled to November 16, 2016. Case No. 16-1270 Anicea A. Harrison Property Address: 155 Orange Street Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120 INCL Remove all trash and debris, outside storage. Seed or sod to re-establish grass. Repair fence. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was August 8, 2016. It is not a repeat violator. Ten days given to comply. Notice sent by Certified Mail on September 23, 2016. Green card was signed October 4, 2016. Fence has been repaired. Part of the lawn has been seeded per conversation with owner. City recommended 30 days for compliance, or $100 a day. Officer Weixler showed pictures of the property to Ms. Ellis. Anicea Harrison, owner, stated she has just been diagnosed with cancer and is doing the best she can. She is having surgery and asked if the case can be tabled. Most of what was ordered has been complied. Officer Weixler said the rest of the property needs to be seeded. City has no objections to tabling the case. Decision Ms. Ellis ordered the case be tabled to November 16, 2016. B. Cases to be Heard — New Case No. 16-1385 Keith Tencza & Jeffrey Thomas Property Address: 2087 SW 14th 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 all remodeling of kitchen and bathroom. Officer Weixler presented the case for Officer Cane, which was a citizen complaint. The initial inspection date was August 31, 2016. It is not a repeat violator. Initial written notice was September 21, 2016. Ten days given to comply. Undated green card received. Date property last inspected was October 17, 2016. City recommended 15 days for compliance, or $100 a day. Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Keith Tencza, owner, stated he had just got back to town and received letter last night. He bought the property for his parents, has done the work in the kitchen, but has not submitted a permit. Ms. Ellis explained the Code and her decision. Decision Ms. Ellis ordered a 15 day compliance date of November 3, 2016, or $100 a day. Case No. 16-1321 Shuki Geter LLC/Southern Hospitality Home Property Address: 203 NE 21St 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 certificate of use and occupancy for rental property and for the ACLF. Officer Weixler presented the case, which was a complaint from Police Dept. The initial inspection date was August 16, 2016. It is not a repeat violator. Initial written notice was sent Certified Mail September 23, 2016. Green card was signed September 26, 2016. Ten days given to comply. Date property last inspected was October 18, 2016. City recommended 15 days for compliance, or $250 a day. Representative for respondent was not present. Officer Weixler stated no application had yet been made. Decision Ms. Ellis ordered a 15-day extension of November 3, 2016, or $250 a day. Case No. 16-1202 THR Florida LP Property Address: 2399 NW 7t" St. Type of Property: Single-family home, non-homesteaded Violation(s): 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 Guillaume presented the case, which was a citizen complaint. Initial inspection date was July 22, 2016. It is a repeat violator. Initial written notice was July 23, 2016. Green card was signed September 16, 2016. City recommended 30 days for compliance, or $500 a day. Application has been made, but inspection has not been scheduled. Linda Vego, Invitation Homes, working with property manager, stated the property manager had recently had surgery with two weeks hospitalization. All applications have been put in, and she is working with Code Enforcement to schedule inspections. Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Difficulties scheduling inspections as many of the units are occupied. Business Tax Receipts should be completed by the next week. Decision Ms. Ellis ordered a 30-day extension date of November 18, 2016, or $500 a day. Case No. 16-1218 IH2 Property Florida LP Property Address: 16 Baytree 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. 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 $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1232 IH3 Property Florida LP Property Address: 1061 Grove Park 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. Initial inspection date was July 28, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Case No. 16-1233 IH3 Property Florida LP Property Address: 8323 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. Initial inspection date was July 28, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1234 IH3 Property Florida LP Property Address: 1604 Renaissance Commons Blvd #129 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. Initial inspection date was July 28, 2016. It is a repeat violator. Written notice given. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1235 IH3 Property Florida LP Property Address: 815 W Boynton Beach Blvd #2201 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. Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Officer Guillaume presented the case. Initial inspection date was July 28, 2016. It is a repeat violator. Written notice given on September 1, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1237 IH3 Property Florida LP Property Address: 1504 Siena 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. Initial inspection date was July 29, 2016. It is a repeat violator. Written notice given on September 1, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1238 IH3 Property Florida LP Property Address: 1262 Via Panzani 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. Initial inspection date was July 29, 2016. It is a repeat violator. Written notice given on September 1, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1239 IH3 Property Florida LP Property Address: 1441 Artimino 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. Initial inspection date was July 29, 2016. It is a repeat violator. Written notice given on September 1, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1395 IH3 Property Florida LP Property Address: 1069 Fosters Mill Road 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. Initial inspection date was September 1, 2016. It is a repeat violator. Written notice given on September 1, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1410 IH3 Property Florida LP Property Address: 1156 Rialto Dr Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 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. Initial inspection date was September 8, 2016. It is a repeat violator. Written notice given on September 8, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1411 IH3 Property Florida LP Property Address: 1279 Via Fiume 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. Initial inspection date was September 8, 2016. It is a repeat violator. Written notice given on September 8, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1421 IH3 Property Florida LP Property Address: 159 Lake Monterey 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. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1422 IH3 Property Florida LP Property Address: 124 Lake Monterey 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. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1425 IH3 Property Florida LP Property Address: 108 Lake Monterey 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. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Case No. 16-1427 IH3 Property Florida LP Property Address: 203 Lake Monterey 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. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1428 IH3 Property Florida LP Property Address: 280 Lake Monterey 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. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1430 IH3 Property Florida LP Property Address: 1503 Siena 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. Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Officer Guillaume presented the case. Initial inspection date was September 9, 2016. It is a repeat violator. Written notice given on September 9, 2016. Ten days were given to comply. City recommended 30 days for compliance, or$500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1463 IH3 Property Florida LP Property Address: 1843 Magliano 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. Initial inspection date was September 13, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1464 IH3 Property Florida LP Property Address: 1480 Via de Pepi 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. Initial inspection date was September 13, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1465 IH3 Property Florida LP Property Address: 1450 Via de Pepi 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. Initial inspection date was September 14, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1466 IH3 Property Florida LP Property Address: 178 Lake Monterey 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. Initial inspection date was September 13, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1467 IH3 Property Florida LP Property Address: 1818 NE 6t" St. Type of Property: Single-family home, non-homesteaded Violation(s): CO CH 13 SECT 13-16 Page 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 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. Initial inspection date was September 13, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1468 IH3 Property Florida LP Property Address: 1827 NE 5t" St. 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. Initial inspection date was September 13, 2016. It is a repeat violator. Written notice given on September 13, 2016. Ten days were given to comply. City recommended 30 days for compliance, or $500 a day. Linda Vego, Invitation Homes, working with property manager, appeared for owner. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $500 a day. Case No. 16-1477 US Bank Trust NA Trust Property Address: 1739 Banyon Creek Court Type of Property: Vacant Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH 10 SECT 10-56d, 56a, 56c Repair and replace roof, permit required. Officer Guillaume presented the case. Initial inspection date was September 14, 2016. It is not a repeat violator. Ten days were given to comply. Notice was posted on the property and at City Hall on October 10, 2016. City recommended 30 days for Page 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 compliance, or $100 a day. Swimming pool has been corrected, roof replacement is only outstanding violation. Permit application has not been made. Brian Hagarty, realtor, representing Caliber Home Loans, who foreclosed and took title at the end of August (with a `cash for keys' arrangement with previous owner) was present. A bid to replace the roof had been obtained. Mr. Hagarty asked for 60 days extension. Decision Ms. Ellis ordered a 60-day compliance date of December 18, 2016, or $100 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 15-2532 Clemente Perez & Elsa Hernandez 16-260 Clemente Perez & Elsa Hernandez 16-1037 Fetlar LLC 16-1063 Beauly LLC 16-1090 Harvey Brown & Julie Brown Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. Case No. 16-1073 Chen Zhi Rui Estate Property Address: 117 SE 22nd Ave. Officer Pierre presented the case. Notice of violation was June 10, 2016. Magistrate hearing was August 24, 2016, and no one appeared. Compliance date was September 23, 2016, fine proposed by Magistrate was $200 a day. There are 26 days of non- compliance, fine continues to accrue at $200 a day, plus administrative costs of $634.12. Ms. Ellis added that no one appeared for August hearing, a compliance date of September 23, 2016, or be fined $200 a day. Officer Pierre stated as of September 17, 2016, the only item left to be done is a permit pulled for demolition of carport. Samuel Bellamy, representing owner, stated Mr. Chen Jr. had inherited property from father, and had hired a contractor who had done most of the work, The contractor had a heart attack and Mr. Chen was not aware at the time. Asking for an extension for contractor, Brian Anderson, to recover and finish work. Page 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Based on the testimony, Ms. Ellis certified the case will be tabled to November 16, 2016. F. Lien Reductions — New Case No. 02-477 Wells Fargo Bank NA (Murphy-Storres) Property Address: 301 NE 27th Ct. Type of Property: Condominium Violation(s): CO CH15 SECT 15-120(D) INCL Mow, de-weed yard, install sod in the dead areas of the yard and swale to achieve a uniform green appearance. Mr. Pierre presented the case. Notice of violation was February 28, 2002. Code compliance hearing date was May 15, 2002, and no one appeared. The Code compliance date was June 14, 2002, or $50 a day. Compliance date was July 22, 2016, or 5,151 days of non-compliance at $50 a day for a total fine of $258,184.12, plus $730.15 administrative costs. No outstanding utility bills or taxes were identified. With regards to this lien reduction case, there have been five additional inspections. Steve Wallace, Caliber Home Loans and Wells Fargo, servicer, stated that the violations from 2002 are from two owners ago. In February 2016 Federal National Mortgage Assn. completed a foreclosure case and certificate of title was issued. The property was quick-claimed April 2016 to the servicer. There were subsequent violations discovered when title was taken, over $14,000 was spent to improve the property. The property was an eyesore for numerous years. Property is currently vacant, may be rented out or sold, up to Code now. Mr. Wallace gave Ms. Ellis invoices as proof of work done. In addition to landscaping/sod violations, permits were issued for windows, property repainted, AC units replaced, etc. County values property at $63,000. Officer Pierre had pictures, given to Ms. Ellis. Mr. Wallace asks that the existing fine be reduced, with the exception of administrative fees. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500, plus administrative costs of$730.15. Case No. 14-1532 Fetlar LLC Property Address: 401 NW 8th Ct. 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 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Mr. Pierre presented the case. Notice of violation was June 25, 2014. Code compliance hearing date was September 17, 2014, and Lea Boggs appeared. The Code compliance date was September 22, 2014, or $500 a day. Compliance date was July 22, 2016, or 302 days of non-compliance at $500 a day for a total lien of $151,634.12, plus administrative costs of$730.15. With regards to this lien reduction case, there have been five additional inspections. No outstanding utility bills or taxes were identified Julie Hynds, representative, stated the property changed ownership three times in about a year. The representative that appeared in the September 2014 hearings was from one of the acquisition companies. Not until May of 2015 did Fetlar start receiving notices, but for a subsequent violation for the same thing. Actual remedy of landlord licensing when received was less than two months. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative costs of $730.15. Case No. 15-2252 HCRA Properties 1 LLC Property Address: 3600 Old Boynton Rd Violation(s): CO CH 15 ART X SECT 15-121:124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the State, to establish a permanent residence or temporary residence within 2500 feet of any school, designated public school bus stop, day care center, park playground, or any other place where children regularly congregate. Mr. Pierre presented the case. Notice of violation was October 9, 2015. Code compliance hearing date was February 17, 2016, and several representatives appeared. The Code compliance date was April 2, 2016, or $50 a day. Compliance date was September 19, 2016, or 169 days of non-compliance at $50 a day for a total lien of $9,276.18, plus administrative costs of$730.15. With regards to this lien reduction case, there have been five additional inspections. Sherry Schwartz, counsel, and Janet Daniel, representative, recalled previous hearings on this matter, and stated that due to new counsel who has been successful in removing the offender from the registry, HCRA is now in compliance. Magistrate originally gave two weeks to remove Alzheimer's patient from facility, but no one would take him. Ms. Schwartz asked for reduction of fine due to extreme effort taken to remedy this case. Ms. Ellis stated she is very familiar with the facts of the case. Page 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Based on the testimony, Ms. Ellis reduced the lien to administrative costs of$730.15. Case No. 15-2462 Fetlar LLC Property Address: 146 SW 27th Way Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Pierre presented the case. Notice of violation was November 3, 2015. Code compliance hearing date was December 16, 2015, and no one appeared. The Code compliance date was December 26, 2015, or $200 a day. Compliance date was March 14, 2016, or 331 days of non-compliance at $200 a day for a total lien of $16,234.12, plus administrative costs of$730.15. With regards to this lien reduction case, there have been five additional inspections. Julie Hynds, representative, gave history of the case, and the discovery that the renewal had been paid on October 27, 2015. When called for inspection, they were told that because they had paid prior to January 2016, an inspection would not be needed. At the hearing for fine certification in February 2016, they first learned this had become an issue, and Ms. Hynds requested a review of the case, which was denied. They proceeded to comply as instructed. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 15-393 Bruce & Marjorie Hamilton Property Address: 1914 SW 17th Ave. Violation(s): CO CH 10 SECT 10-56(D) Repair roof. Mr. Pierre presented the case. Notice of violation was February 17, 2015. Code compliance hearing date was May 20, 2015, and no one appeared. The Code compliance date was June 23, 2015, or $250 a day. Compliance date was May 16, 2016, or 331 days of non-compliance at $250 a day for a total lien of $83,384.12, plus administrative costs of $730.15. With regards to this lien reduction case, there have been five additional inspections. Jandel Diaz, Superior Improvement, owner, and Tessa Castillo, assistant, stated Superior Improvement purchased the property through foreclosure auction April 2016, Page 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 and received certificate of title. The property is currently rented. Shortly after receiving the certificate of title, the new owner filed for a permit to fix the roof, unaware that the lien existed. The roof was fixed by July 2016. The value of the property is approximately $180,000. The property has been improved; Ms. Castillo gave before and after pictures to Ms. Ellis. About $30,000-$40,000 was spent in improvements, but did not have receipts with them. Mr. Pierre said that he knew of this property previously and that it was a community eyesore. Ms. Castillo asked that the lien be reduced to administrative costs. Ms. Ellis asked that the owner produce copies of the invoices for the case file. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 15-1194 Jessica Sacoulas Property Address: 813 NW 5t" Ave. Violation(s): CO CH15 SECT 15-120(D) INCL CO CH 10 SECT 10-51D Remove all material stored outside, as well as trash and debris. Repair flashing on the roof in front of home. Mr. Pierre presented the case. Notice of violation was May 7, 2015. Code compliance hearing date was July 15, 2015, and no one appeared. The Code compliance date was July 25, 2015, or $100 a day. Compliance date was September 27, 2016, or 429 days of non-compliance at $100 a day for a total lien of $43,534.12, plus administrative costs of $730.15. With regards to this lien reduction case, there have been five additional inspections. Sharon Restrepo, owner, stated she and her husband bought the property from Jessica Sacoulas in May of 2016. It was in foreclosure and it was a short sale. Mrs. Restrepo had before and after pictures and copies of invoices, which she gave to Ms. Ellis. Permits were applied for right away, repairs included roof, landscaping, sprinkler system, driveway, spending about $57,000. It has been sold for $199,900, and was purchased for$90,000. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 15-2445 MF Homes LLC Property Address: 371 Ocean Pkwy Violation(s): CO CH 13 SECT 13-16 Page 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Mr. Pierre presented the case. Notice of violation was October 10, 2015. Code compliance hearing date was February 17, 2016, and no one appeared. The Code compliance date was March 18, 2016, or $500 a day. Compliance date was November 17, 2016, or 212 days of non-compliance at $500 a day for a total lien of $106,634.12, plus administrative costs of$730.15. With regards to this lien reduction case, there have been five additional inspections. Marc Malaga, managing partner, stated MF Homes owns about 61 properties, 8 of them in Boynton Beach. They had the same manager for three years. MF Homes had never appeared before on any of their 8 properties, but manager had personal problems and wasn't following up. MF Homes has since hired All County Management as well as a new contractor. The tenant for this property had to be evicted, which also caused delays. Lost $5,000 with the eviction, and spent $13,000 fixing property. Some additional problems were added at re-inspection. Mr. Malaga gave a packet of pictures and invoices, as well as correspondence with the City, for Ms. Ellis. House is currently vacant, property value $80,000-85,000. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative costs of $730.15. Case No. 16-96 MF Homes II LLC Property Address: 319 NW 4t" 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. Pierre presented the case. Notice of violation was January 11, 2016. Code compliance hearing date was March 16, 2016, and no one appeared. The Code compliance date was March 26, 2016, or $100 a day. Compliance date was May 31, 2016, or 65 days of non-compliance at $100 a day for a total lien of $7,230.15, plus administrative costs of $730.15. With regards to this lien reduction case, there have been five additional inspections. Marc Malaga, managing partner, stated process was similar to previous case, including tenant moving out. He gave a packet of pictures, invoices, and correspondence with City to Ms. Ellis. They had complied with items on original list, but at re-inspection there were additional violations caused by tenant that could not be fixed until tenant left. Value of the property estimated in $80,000-$85,000 range. Page 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Decision Based on the testimony, Ms. Ellis reduced the lien to $750 plus administrative costs of $730.15. Case No. 16-250 Maisons LLC Property Address: 130 W Ocean Dr. 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. Pierre presented the case. Notice of violation was February 1, 2016. Code compliance hearing date was April 20, 2016, and no one appeared. The Code compliance date was April 30, 2016, or $100 a day. Compliance date was August 15, 2016, or 107 days of non-compliance at $100 a day for a total lien of $11,334.12, plus administrative costs of $730.15. With regards to this lien reduction case, there have been five additional inspections. Karen Tveken, property manager, stated the property has been kept in good condition for the past 12 years. This past summer the current tenant did not water the yard. They corrected all items that resulted from the inspection, however, the replacement of the kitchen window took three months to resolve. A new irrigation system was installed, driveway was repaired, and more than $10,000 was spent on the property. Ms. Tveken gave a packet of documentation and invoices to Ms. Ellis, and asked a copy of the packet be copied for the case file. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. C. Lien Penalty Certifications — Cease & Desist — none D. Rescission of Order Case No. 16-819 2600 Quantum Blvd LLC Officer Hart recommended rescission of the order. Decision Ms. Ellis rescinded the order issued in Case 16-819 for the 2600 Quantum Blvd LLC respondent. Page 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 VI. NEW BUSINESS A. Lien Penalty Certifications — Tabled Case No. 15-2185 Stabel Property Holdings LLC Officer Hart stated that the following will be tabled until November 16, 2016. (Duplicate entry, see page 51.) Decision Ms. Ellis ordered that the above-referenced case be tabled to November 16, 2016. Case No. 16-1185 Richard Mendez Property Address: 22 Misty Meadows Drive Officer Guillaume presented the case. City recommended 10 days to comply, or $100 a day. Decision Ms. Ellis ordered a 10-day compliance date of October 29, 2016, or $100 a day. B. Cases to Be Heard — New Case No. 16-1437 Ron Rahamim Property Address: 622 NW 1St Ave Officer Guillaume presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $100 a day. Case No. 16-1331 Rogowski Holdings LLC Property Address: 220 SW 6t" St. Officer Weixler presented the case for Officer Cain. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $100 a day. Page 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Case No. 16-1352 1515 N Seacrest Blvd. Land Trust Clamore Partners LLC Trust Property Address: 1515 N Seacrest Blvd. Officer Weixler presented the case. City recommended 15 days to comply, or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $250 a day. Case No. 16-1386 Joseph F. Christin Property Address: 2133 NE 3rd Ct. 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 November 3, 2016, or $150 a day. Case No. 16-1469 Wells Funding Financing LLC Property Address: 170 SE 27th Ct. Officer Weixler presented the case. City recommended 15 days to comply, or $250 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $250 a day. Case No. 16-1470 Habitribe Fund 1 LLC Property Address: 164 SE 27th Ct. 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 November 3, 2016, or $150 a day. Case No. 16-1194 Palomos Real Group LLC Property Address: 410 W Ocean Ave. Page 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 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 November 18, 2016, or $100 a day. Case No. 16-1244 Cid Claudio Property Address: 242 SW 12th Ave. Officer Hart presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $100 a day. Case No. 16-1255 Y1 H Y LLC Property Address: 614 SW 1St St. 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 November 3, 2016, or $250 a day. Case No. 16-1305 Andrew Luchey Property Address 2401 SW 1St St Officer Hart presented the case. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $150 a day. Case No. 16-1306 Irache Partners LLC Property Address: 480 W Boynton Beach Blvd. Officer Hart presented the case. City recommended 30 days to comply, or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date of November 18, 2016, or $200 a day. Case No. 16-1340 TAH 2015 1 Borrower LLC Property Address: 19 Peachtree Place Page 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 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 November 3, 2016, or $100 a day. Case No. 16-1348 Eugene Marie M. & Pierre Robin Property Address: 546 NW 9t" Ave. Officer Hart presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date of November 3, 2016, or $100 a day. Case No. 16-1371 Boynton Partners LLC Property Address: 405 SW 1St Court 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 November 3, 2016, or $100 a day. VII. OLD BUSINESS B. Lien Penalty Certifications - New Officer Hart stated that the following will be certified as No Fine. Case No. Respondent 65 16-1012 Dennis Thompson & Patricia 68 16-824 Marcus Investment Group Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. B. Lien Penalty Certifications — Tabled Officer Hart stated that the following will be tabled until November 16, 2016. Page 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 Case No. Respondent 16-1079 Stabel Property Holdings LLC 16-1148 Lawrence Durane 16-900 Irache Partners LLC 16-921 Jean W. Latouche 16-1014 A. Striggles, H. Miller, A. King Officer Hart stated that the following will be tabled until December 18, 2016. 16-913 Katherine C. Bradley & J. Waters Decision Ms. Ellis ordered that all but one of the above-referenced cases be tabled to November 16, 2016. B. Lien Penalty Certifications - New Officer Hart 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 16-857 $50.00 16-1045 $150.00 16-1170 $200.00 16-749 $100.00 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. Page 28 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida OCTOBER 19, 2016 VIII. ADJOURNMENT Ms. Ellis concluded the hearing at 11:28 a.m. [M. Moore, Prototype Inc.] Page 29