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Minutes 11-16-16 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 16, 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 9:45 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. 16-1150 —tabled to December 21, 2016 Page 3, Case No. 16-1256 — complied Page 4, Case No. 16-1270 —tabled to December 21, 2016 Page 5, Case No. 16-1205 — complied Page 10, Case No. 16-819 — complied Page 11, Case No. 16-1145 — tabled to January 18, 2017 Page 14, Case No. 16-1330 — complied Page 15, Case No. 16-1405 — complied Page 16, Case No. 16-1424 — complied Page 17, Case No. 16-1483 — complied Page 20, Case No. 16-1334 — tabled to December 21, 2016 Page 22, Case No. 16-1345 — tabled to December 21, 2016 Page 27, Case No. 16-1490 — tabled to December 21, 2016 Page 28, Case No. 16-1500 — tabled to December 21, 2016 Page 31, Case No. 16-1610 — complied Page 33, Case No. 16-1504 — complied Page 35, Case No. 16-1508 — closed Page 37, Case No. 16-1534 — tabled to December 21, 2016 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Ms. Ellis approved the Agenda as amended. V. ROLL CALL VI. NEW BUSINESS B. Cases to be Heard — New Case No. 16-1175 Philippe Jeudy & Lynda Nicolas Property Address: 702 W Ocean Ave Type of Property: Single-family home, homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH16 SECT 15-120E INCL Repair fence in side yard. Obtain permit for shed. Install sod in yard and swale area where there are bare spots. Officer Cain presented the case, which was a citizen complaint. The initial inspection date was July 18, 2016. It is not a repeat violator. Initial written notice was August 9, 2016. Thirty days given to comply. Notice was posted on the property and at City Hall on November 4, 2016. Date property last inspected was November 15, 2016. No safety hazards. City recommended 30 days for compliance, or $100 a day. Officer Cain confirmed that the shed could be removed in lieu of a permit, and gave photos to Ms. Ellis to review. Philippe Jeudy, owner, stated he understands he will have to get a permit for the shed if he wishes to keep it. Officer Cain asked to rescind the 30 days compliance for 60 days as owner is working with an engineer and is trying to get the shed permit. Decision Ms. Ellis ordered a 60-day extension date as stated on the Board Order, or $100 a day. Case No. 16-1432 Deutsche Bank National Trust Company Property Address: 525 NE 2nd St. Type of Property: Multi-family home, non-homesteaded Violation(s): CO CH15 SECT 15-120D INCL Remove all materials stored outside as well as trash and debris. Officer Hart presented the case, which was a citizen complaint. The initial inspection date was September 13, 2016. It is not a repeat violator. Initial written notice was September 14, 2016. Ten days given to comply. Notice was sent by Certified Mail on October 21, 2016. Green card was signed October 26, 2016. City recommended 15 days for compliance, or $200 a day. Officer Hart stated there are squatters on the Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 property, as in companion Case 16-1475, and gave photos to Ms. Ellis to review. Officer Cain stated three-quarters of the property is secured, with one squatter remaining and he was unable to make entry to inspect. Jason Silver, Esq., Greenspoon Marder Law, representative for respondent, stated his client has engaged a certified contractor who has been to the property several times and scared away upon learning that the occupants are quite hostile, possibly armed, and possibly dealing narcotics. Officer Cain has been to the property with the Police, neighbors alerted the squatters when officers approached. The squatters return after being told to leave. Ms. Ellis asked if the removal of trash can be done while the securing of the property gets underway. Mr. Silver hoped 15 days to clean up the exterior should be enough. Ms. Ellis urged that communications with City be maintained. Discussion followed about the procedures for Notice of Trespass and public safety while these cases are resolved. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order to Mr. Silver's office, or$200 a day. Case No. 16-1475 Deutsche Bank National Trust Company Property Address: 525 NE 2nd St. Type of Property: Multi-family home, non-homesteaded Violation(s): CO CH 10 SECT 10-56D CO CH10 SECT 10-58 INCL CO CH10 SECT 10-59 INCL All occupied residences must have running water and electricity. Secure all open doors and windows. Officer Hart presented the case, which was a City Department referral. The initial inspection date was September 14, 2016. It is not a repeat violator. Initial written notice was September 27, 2016. Five days given to comply. Notice was sent by Certified Mail on October 19, 2016. Green card was signed October 24, 2016. Per conversation with Mr. Silver, City recommended 45 days for compliance, or $500 a day. Officer Hart referenced photos presented for companion Case 16-1432, and stated there was no problem with working to get the Notice of Trespass and boarding up the property within 45 days. Jason Silver, Esq., Greenspoon Marder Law, representative for respondent, stated that technically the property is being occupied against the wishes of the owner, and that the violations should not apply as the goal is to secure the property against the squatters. Officer Hart stated that is why 45 days has been recommended for compliance. Ms. Ellis stressed the necessity for the Police to take action to protect the property owner and contractors. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis ordered a 45-day extension date as stated on the Board Order to Mr. Silver's office, or$500 a day. VII. OLD BUSINESS B. Lien Penalty Certifications — New Case No. 16-1282 Roberta Skaggs Fitzpatrick Property Address: 1316 SW 20th St Type of Property: Single-family home, homesteaded Violation(s): CO CH2.5 SECT 2.5-12 and 13 Excess false alarms and service fee. Officer Weixler presented the case. Notice of violation was August 9, 2016. Magistrate hearing was September 21, 2016, and no one appeared. Compliance date was September 28, 2016, fine proposed by Magistrate was $50 a day. Property was inspected on November 16, 2016, and violations still exist. There are 49 days of non- compliance, fine continues to accrue at $50 a day, plus administrative costs of $288.09. Ms. Ellis reviewed the history to clarify. City stated Ms. Fitzpatrick was supposed to get a work order from the alarm company to justify the false alarm, but a letter or phone call was never received. The false alarm invoices have been coming in since April, now a ruling is needed as it is a police matter. Roberta Skaggs Fitzpatrick, owner, said she contacted the alarm company in a matter of days after her last hearing (which she did appear for), requesting by letter an explanation of the event log, etc. She did not receive the reply until November 11, 2016, by fax. Ms. Fitzpatrick gave the printout to Ms. Ellis to review. Company is refusing to give a letter of explanation, stating it is not their policy. Ms. Fitzpatrick went over the dates in question as she was able to decipher them. Bottom line, the problem was due to faulty equipment and the company will not take responsibility. Ms. Fitzpatrick said she is changing security companies because of these problems. City says they cannot waive fines as matter was presented for approval and was denied because ordinance says the only reason for waiver is if the system is not working properly, which they cannot ascertain without work orders. The fine with the Police Dept. is $175.00. After a discussion on jurisdiction for conditions of paying the fine, Ms. Ellis tabled the case while guidance from the City Attorney is sought. Decision Ms. Ellis ordered that the case be tabled until December 21, 2016. Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Case No. 16-56 Gertrude Belizaire Property Address: 616 NE 2nd St. Type of Property: Multi-family home, duplex Violation(s): CO CH 10 SECT 10-56B CO CH 10 SECT 10-56D CO CH 10 SECT 10-56E CO CH15 SECT 15-120D INCL CO CH 13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH 10 SECT 10-60B Fix leak in roof. Repair ceiling. Replace toilet seat. Repair bathroom exhaust fan. Remove bars of windows. Repair holes in drywall. All interior doors must remove deadbolts. Kitchen cabinets need to be repaired. Refrigerator needs repair. Closet doors must be installed. Officer Hart presented the case. Notice of violation was January 6, 2016. Magistrate hearing was July 20, 2016, and no one appeared. Compliance date was October 18, 2016, fine proposed by Magistrate was $400 a day plus administrative fees. Property was inspected on November 15, 2016, and violations still exist. There are 29 days of non-compliance, fine continues to accrue at $400 a day, plus administrative costs of $634.12. Officer Hart gave Ms. Ellis photos from the last inspection. The unit needing all the repairs is currently vacant. Violations remaining are the bathroom exhaust fan, removal of window bars, removal of deadbolts on interior doors, screens on all windows, repair and paint fascia, seal on front door, apply for and pass inspection for business tax receipt and certificate of use, repair fence, remove outside trash and debris, no smoke detectors in bedrooms, parking lot has not been repaired or restriped. Health and safety hazards do exist. Wrenstein Jean Baptist, power of attorney and son of owner, stated when he took over in 2014 there were tenants in the unit and many of these issues already existed. Any repair costing more than $500 requires permission from the lawyer/judges of his mother's property, which restricts his progress fixing the violations. Officer Hart stated that Mr. Jean Baptist was present for the first hearing in May when it was tabled, and also for the hearing in July, but Officer Hart was not sure if he read into the record that he had told the respondent that he did not have to stay. Mr. Jean Baptist is having difficulties pulling all records for his out-of-pocket repairs to the exhaustive list so he can present it to the court for funds to finish the repairs. The owner is currently hospitalized in a vegetative state, unable to do anything. Respondent needs an updated list of corrected violations to present to the court in order to move the situation forward. Ms. Ellis stated she will table until next month in order to give additional time to sort out documentation needed by other court, and if not resolved, the lien will be imposed. Officer Hart stated he would get an official accounting of completed violations. Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis ordered that the case be tabled until December 21, 2016. C. Lien Penalty Certifications — Cease & Desist Case No. 16-1181 Vernon Thompson Jr. Living Trust Property Address: 606 NE 1St St. Type of Property: Single-family home, non-homesteaded 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 Property must be maintained in a secure fashion and vacant. Officer Hart presented the case. Notice of violation was July 18, 2016. Magistrate hearing was September 21, 2016, and respondent appeared. Compliance date was September 22, 2016, fine proposed by Magistrate was $1000 an occurrence. There has been one occurrence on September 28, 2016, at $1000 plus administrative costs of $346.03. Officer Hart gave Ms. Ellis photos from the last inspection, the property was not secured, the window was out. Revisiting the property on November 15, 2016, for the other case, the first time the front door was unlocked and open, upon returning with Officer Cain who went into the backyard, as Officer Hart knocked on the front door, somebody went out the back. Ms. Ellis clarified her previous rulings with Officer Hart, who listed the many health and safety hazards while someone was living on premises. Vernon Thompson, son of owner, stated that he understands the charges, but noted he has instructed other family and maintenance people to maintain a daily presence in an attempt to keep out squatters and vandals. To his knowledge, no one had been staying there since the last hearing. He explained his attempts to post trespassing signage obtained from the City, as application for a building permit has been made and a daily presence is needed to prevent thefts. Officer Cain testified the person who attempted to flee had a suitcase and stated the man was there with the maintenance person, to Officer Cain's knowledge he was not a squatter. There was some discussion as to what constitutes securing the property and what is a daily presence for the purpose of making repairs and remodeling. Mr. Thompson said he left the day of the last hearing and went immediately to install locks and secure the property. Officer Cain reminded the respondent that it is his responsibility to assure the property has been secured at all times since then. Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis ordered, based on the testimony, that the Cease & Desist lien be certified. C. Rescission of Order— None VI. NEW BUSINESS B. Cases to be Heard — New Case No. 16-1451 1950 NE 2111 Lane LLC Property Address: 1950 NE 2nd Lane Type of Property: Single-family home, non-homesteaded Violation(s): CO SECT 4-32 Leash Law CO SECT 4-36 Current Registration CO SECT 4-37 Rabies Vaccinations Officer Roehrich presented the case. It is not a repeat violator. Ten days given to comply. Notice sent by Certified Mail on October 16, 2016. Green card was signed October 19, 2016. Case started with multiple dog problems on property over two years ago, a dog bite March 2015. Adult children in home are extremely uncooperative. Officer Roehrich met with mother on April 3, 2015, and issued warnings on all the violations. August 6, 2016, there was a report of four puppies loose in the street. September 11, 2016, impounded a stray puppy behind the home. September 12, 2016, fire department responded to neighbor's house for a puppy stuck in a wall. One of the adult children did take responsibility for dogs at that time, multiple citations were issued. Officer Roehrich spoke with the owner before hearing, he is not opposed to this action and is ready to evict as there are not supposed to be any dogs on property. City recommended Cease & Desist Order effective immediately with $500 per occurrence. Per Officer Roehrich's statement above, owner did not stay for hearing. The tenants have no desire to come to the hearing. All dogs were supposed to be gone from the property, but tenants lied to Officer Roehrich and the property owner. Knock on door on November 15, 2016, resulted in a muffled bark from a bedroom. Dog was "made legal" before the end of the day, but there is no confidence that the tenants will not violate in the future. Decision Based on testimony given by City, Ms. Ellis ordered the Cease & Desist Order effective immediately with $500 per occurrence. Case No. 16-1493 IH4 Property Florida LP Property Address: 155 Monterey Bay Drive Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 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. 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 extension date as stated on the Board Order, or $500 a day. Case No. 16-1506 IH4 Property Florida LP Property Address: 50 Paxford 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. 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 extension date as stated on the Board Order, or $500 a day. Case No. 16-1533 IH4 Property Florida LP Property Address: 3819 Jonathans 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. 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. Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order, or $500 a day. Case No. 16-1535 IH4 Property Florida LP Property Address: 45 Citrus Park Drive 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. 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 extension date as stated on the Board Order, or $500 a day. VII. OLD BUSINESS F. Lien Reductions — New Case No. 10-279 Leo & Joanne Bivona Property Address: 100 NE 6t" St, Unit 707 Type of Property: Multi-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was January 28, 2010. Code compliance hearing date was March 17, 2010, and no one appeared. The Code compliance date was March 27, 2010, or $100 a day. Compliance date was November 15, 2016, or 2,424 days of non-compliance at $100 a day for a total fine of$243,034.12. No outstanding utility bills or taxes were identified. With regards to this lien reduction case, there have been five additional inspections. Leo and Joanne Bivona, owners, stated they have owned the property since 2010, and they were not aware of the Code Compliance at the time they bought the unit after the tenant had left. They live in New York, and are only in the area a quarter of the year. Due to incorrect address, no registered mail notices were received, but their tax notices were and they have complied with all taxes. Value of the property is about $300,000. Ms. Ellis ascertained that the property had been rented for six years without a Business Tax Receipt permit, but that the owners had recently paid up for the outstanding BTRs Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 in the amount of $400-$500. Officer Pierre showed the support documents for notification attempts to the respondents. Ms. Ellis noted that once the owners were made aware of the situation, they took immediate action to resolve. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $634.12. Case No. 10-456 US Bank National Association Property Address: 134 SW 13th Ave Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was February 17, 2010. Code compliance hearing date was April 21, 2010, and no one appeared. The Code compliance date was May 6, 2010, or $100 a day. Compliance date was April 21, 2014, or 1,445 days of non-compliance at $100 a day for a total fine of $144,134.12. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. Guedel Dorsainvil, current owner, stated they purchased the property in a foreclosure sale, taking possession of property in 2014. The property is currently vacant. The lien was discovered when they attempted to get permit to rent the property in 2015. They bought the house sight unseen for $57,000, discovered that the house had no kitchen, no toilet. They spent close to $40,000 to renovate the house, property value may now be $170,000. Mr. Dorsainvil gave Ms. Ellis pictures of the property. Decision Based on the testimony, Ms. Ellis reduced the lien to $500 plus administrative costs of $730.15. Case No. 10-1630 Rafael Castro Property Address: 134 SW 13th Ave Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was May 28, 2010. Code compliance hearing date was July 21, 2010, and no one appeared. The Code compliance date was July 31, 2010, or $50 a day. Compliance date was August 16, 2016, or 1,845 days of non-compliance at $50 a day for a total fine of $92,884.12. Has complied with Lien Reduction process, no outstanding utility bills or taxes were Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 identified. Ms. Ellis clarified that the property is the same as the previous case, but that Rafael Castro is the former owner. Guedel Dorsainvil, current owner, appeared. Ms. Ellis affirmed that the facts stated in the previous case apply. Decision Based on the testimony, Ms. Ellis reduced the lien to $500 plus administrative costs. Case No. 10-2313 Michael & Jane Morris Property Address: 921 SW 34 Ave Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was August 10, 2010. Code compliance hearing date was September 15, 2010, and Michael J. Morris appeared. The Code compliance date was September 25, 2010, or $1000 a day. Compliance date was November 14, 2016, or 2,241 days of non-compliance at $1000 a day for a total fine of $2,241,000 plus administrative charges of $826.18. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. John Lewis, current owner, stated they purchased the property in 2016 as a result of a civil case, where Mr. Morris would not comply with any of the terms of the divorce and the house was ordered to be sold. The property is currently vacant. Property has not been assessed, but may be worth about $300,000 once $150,000-$200,000 of renovations are made and the property is sold. Officer Pierre showed Ms. Ellis some pictures. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,500 plus administrative costs of $730.15. Case No. 15-383 Michael & Jane Morris Property Address: 921 SW 34 Ave Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was February 24, 2015. Code compliance hearing date was May 20, 2015, and no one appeared. The Code compliance date was May 30, 2015, or$250 a day. Compliance date was July 20, 2016. Companion Case No. 10-2313. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 John Lewis, current owner, stated they purchased the property in May 2016, but it took some time to remove the previous owner from the property. The property is currently vacant. Ms. Ellis took into consideration the testimony for the previous case. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 15-902 Bernadette Butler Property Address: 222 NE 13th Ave Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was April 17, 2015. Code compliance hearing date was June 17, 2015, and no one appeared. The Code compliance date was June 27, 2015, or $250 a day. Compliance date was August 26, 2016, or 59 days of non-compliance at $250 a day for a total fine of $15,384.12. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. Bernadette Butler, owner, stated she lives out of state and the violations were created by the tenant in 2015. As soon as the issues were discovered she hired a contractor and the process snowballed. There were issues with drawings and permits, taking three months to be issued. Decision Based on the testimony, Ms. Ellis reduced the lien to administrative costs of$730.15. Case No. 15-2752 IH4 Property Florida LP Property Address: 84 Sandpiper Way Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was December 11, 2015. Code compliance hearing date was February 17, 2016, and no one appeared. The Code compliance date was February 27, 2016, or $200 a day. Compliance date was June 1, 2016, or 94 days of non-compliance at $200 a day for a total fine of $19,434.12. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 RoxAnn Wallace, property manager, stated the office was not aware of this violation. Currently in the process of making sure everything is updated to pass all inspections for the Business Tax Receipt and pay for 2017 as well. Decision Based on the testimony, Ms. Ellis reduced the lien to administrative costs of$730.15. Case No. 09-2257 Whittington Lee Bowers Property Address: 714 Meadow Circle Type of Property: Single-family home, non-homesteaded Violation(s): As stated Officer Pierre presented the case. Notice of violation was July 9, 2009. Code compliance hearing date was October 21, 2009, and no one appeared. The Code compliance date was October 31, 2009, or $50 a day. Compliance date was August 16, 2016, or 294 days of non-compliance at $50 a day for a total fine of $15,334.12. Has complied with Lien Reduction process, no outstanding utility bills or taxes were identified. Lee Bowers, owner, stated he purchased the property in December 2005 and has had a couple of tenants. The current tenant keeps the property up. Ms. Ellis asked what had been going on since 2009, and Mr. Bowers replied personal problems, including death of his son. He was not aware of the lien process until he tried to sell the property, after which time he immediately started to correct the issues. However, he has had a Business Tax Receipt every single year he has owned the property but that one year, so he didn't think about there being a lien. Decision Based on the testimony, Ms. Ellis reduced the lien to administrative costs of$730.15. H. Stipulated Agreement Officer Pierre recommended the following cases for a Stipulated Agreement: Case No. Respondent 16-1433 Empowered Seven, LLC 16-1584 DEC Global, LLC 16-1613 Integrated Real Properties & Flagler Realty Group Inc. 16-1626 KMG Holdings, LLC Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis approved the Stipulated Agreement between the City of Boynton Beach and the above listed Cases. VI. New Business A. Cases to be Heard — Tabled Case No. 15-2185 Stabel Property Holdings LLC Property Address: 3112 SE 1St Place Officer Cain stated that the Case has complied. B. Cases to Be Heard — New Case No. 16-1420 Any Kind Checks Cashed Inc. Buckeye Check Cashing of FL Property Address: 1503 W Boynton Beach Blvd Officer Weixler presented the case. City recommended 10 days to comply, or $50 a day. Decision Ms. Ellis ordered a 10-day compliance date as stated on the Board Order, or $50 a day. Case No. 16-1439 136 BBB Property LLC — CCUSA/Check Cashing USA Property Address: 138 West Boynton Beach Blvd. Officer Weixler presented the case. City recommended 10 days to comply, or $50 a day. Decision Ms. Ellis ordered a 10-day compliance date as stated on the Board Order, or $50 a day. Case No. 16-1457 Regions Bank Property Address: 1485 Gateway Blvd. Officer Weixler presented the case. City recommended 10 days to comply, or $50 a day. Page 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Decision Ms. Ellis ordered a 10-day compliance date as stated on the Board Order, or $50 a day. Case No. 16-1317 Cynthia O'Donnell & Leonard O'Donnell Property Address: 1270 Gondola Lane Officer Cain presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1549 Josef Sturz & Gerda Sturz Property Address: 2394 SW 13th Way Officer Cain presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1549 Josef Sturz & Gerda Sturz Property Address: 2394 SW 13th Way Officer Cain presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1186 Anton Muench & Cecilia Muench Property Address: 230 NE 26th Ave, Unit 107 Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $100 a day. Page 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Case No. 16-1344 Liat Solomon & Eliyahu Solomon Property Address: 1635 NE 4th Court Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1346 Florida Property Buyers Group Property Address: 434 NE 20th Ave Officer Weixler presented the case. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $150 a day. Case No. 16-1443 John Dvoracek Est. & Edward Lammi, Janie & John Markie Property Address: 1416 NW 1St St Officer Weixler presented the case. City recommended 7 days to comply, or $500 a day. There is a health and safety hazard. Decision Ms. Ellis ordered a 7-day compliance date as stated on the Board Order, or $500 a day. Case No. 16-1462 11 Prop LLC —All In Recovery LLC Property Address: 512 NW 5th St Officer Weixler presented the case. City recommended 15 days to comply, or $150 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $150 a day. Page 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Case No. 16-1476 Nachman Enterprises LLC Property Address: 241 NW 28th Ave Officer Weixler presented the case. City recommended 30 days to comply, or $150 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $150 a day. Case No. 16-1516 Allen David Property Address: 2740 NW 2nd Street Officer Weixler presented the case. City recommended 15 days to comply, or $100 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1581 Robert Larson — Sobriety Now Inc. Property Address: 656 Las Palmas Pkwy Officer Weixler presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1412 Josephine Daffin Property Address: 315 NW 10th Ave Officer Hart presented the case. City recommended 30 days to comply, or $200 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $200 a day. Page 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Case No. 16-1431 S1 Capital Partners LLC Property Address: 207 SE 25th Ave Officer Hart presented the case. City recommended 15 days to comply, or $600 a day. Decision Ms. Ellis ordered a 15-day compliance date as stated on the Board Order, or $600 a day. Case No. 16-1368 Palm Beach Property Couple LLC Property Address: 2300 SW 21St Way Officer Weixler presented the case. City recommended tabled to December 21, 2016. Case No. 16-1454 Ronald Brito & Joanne Brito Property Address: 2740 SE 2nd St Officer Guillaume presented the case. City recommended 30 days to comply, or $100 a day. Decision Ms. Ellis ordered a 30-day compliance date as stated on the Board Order, or $100 a day. Case No. 16-1479 Linda A Vincent Property Address: 183 SE 28th Ct Officer Weixler presented the case. City recommended tabled to December 21, 2016. VII. OLD BUSINESS A. Lien Penalty Certifications — Tabled Officer Weixler stated that the following will be tabled until December 21, 2016. Case No. Respondent 16-635 Wahoo LLC 16-444 Meeshee LLC 16-537 Rosena Luberisse 16-1148 Durane Lawrence 16-900 Irache Partners LLC Page 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 16-1013 Wells Fargo Bank NA 16-1073 Zui Rui Chen Estate 16-1335 Roberson and Lyciana Innocent 16-902 RBR Investors Corp 16-1093 Efrain Calderon 16-1104 MKCD Holdings 16-1189 THR Florida 16-1198 2014 1 1 H Borrower LP 16-1223 IH2 Property Florida LP 16-1160 Mia Real Rentals 16-1181 Vernon Thompson Jr Living Trust 16-1127 S1 Capital Partners LLC 16-1200 173 SE 28th Ave LLC 16-1240 John Held LLC 16-1242 John Held LLC Officer Weixler stated that the following will be tabled until January 18, 2017. Case No. Respondent 16-1024 G&I VIII Meadows Square LLC — On Demand Tax Service Inc 16-241 Kickingstallionsims Grlenntys 15-321 Community Deliverance Church Decision Ms. Ellis ordered that all the above-referenced cases be tabled to the dates as listed. B. Lien Penalty Certifications — New Officer Weixler stated that the following will be certified as No Fine. Case No. Respondent 16-1079 Stabel Property Holdings LLC 16-1014 Alvin B. Striggles, Leon I Jenkins, Anthon C. King, Helen Miller 16-901 Thomas Howard 16-1084 Family Estate Florida LLC 16-1266 TAH 2015 1 Borrower LLC 16-1173 Gelacio Maldonado, Maria Maldonado & Jose Negrete Decision Ms. Ellis ordered the previously mentioned cases be certified No Fine. Page 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 16, 2016 Officer Weixler 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 16-921 $100.00 16-1010 $200.00 16-1258 $100.00 16-1167 $100.00 16-1178 $250.00 16-1197 $100.00 16-1263 $200.00 Decision Ms. Ellis ordered that all the aforementioned cases have been certified. VIII. ADJOURNMENT Ms. Ellis concluded the hearing at 12:28 p.m. [M. Moore, Prototype Inc.] Page 20