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Agenda 11-05-18 AGENDA " BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Monday, November 5, 2018 TIME: 6:30 P.M. PLACE: BOYNTON BEACH CITY HALL COMMISSION CHAMBERS 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FL 33435 A. CALL TO ORDER — B. CHAIRPERSON — C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS D. NEW BUSINESS Applicant: Maximo Arvelo Reference: 3150 Orange Street, Boynton Beach, FL Explanation: Applicant is appealing a demolition order issued as allowed by Section 116.4, inclusive, of the City of Boynton Beach Administrative Amendments to the 61" Edition of the 2017 Florida Building Code. The applicant is requesting a stay of the demolition order and additional time to conduct the work stipulated by the Notice of Unsafe Building dated 05/01/2018. G. ANNOUNCEMENTS The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager, City Attorney, City Clerk, Director of Development & Building Official S:\Development\BUILDING\Building Board of Adjustments&AppealsTY 2018-2019\3150 Orange St CBAA\11-5-18 Agenda.doc The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 3301 Quantum Boulevard,Suite 101 P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6357 www.boynton-beach.org October 31 , 2018 RE: Mr. Maxima Arvelo, 3150 Orange Street, Boynton Beach, FL, for stay of demotion order and time to mobilize contractors and Design Professional(s) for the permitting and repair of said building as stipulated in the 05/01/2018, Unsafe Structure notice. Dear Board Members: Attached is the agenda for the November 5, 2018, meeting. The applicant, Mr. Maximo Arvelo, property owner, is appealing a demolition order based upon Section 116.4, inclusive, of the City of Boynton Beach Administrative Amendments to the 6th Edition of the 2017 Florida Building Code, which allows for his right, as property owner in control of an unsafe structure or system, to appeal the decision of the building official. Also attached is a copy of the staff report, staff exhibit A, B, C, copy of the applicants application, applicants back up. If you have any questions or need any additional information please contact me in the office at 561 .742.6350. Thank you. Sincerely, Shane Kittendorf, CBO, CFM Building Official sk/fap Attachment Xc: Members of Building Board of Adjustment & Appeals City Commission Members Lori LaVerriere, City Manager City Attorney Judith Pyle, City Clerk Recording Secretary Mike Rumpf, Director of Development Shane Kittendorf, Building Official, CBO, CFM Maximo Arvelo, 5500 NW 49th Ave, Pompano Beach, FL 33073 - Via EMail EXHIBIT A Application and Applicant' s Back- up City of Boynton Beach Building Division 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Dear Mr. Kittendorf, I am writing you in regards to the property located at 3150 Orange St, Boynton Beach, FL 33435. 1 purchased this property on September 11, 2018 with the intention to rehab the property. All of the utility bills and code lien costs have been paid on this property. I intend to pull permits to complete the rehab work. I believe I will be able to restore this property back to a state where it will no longer be an eye sore in the neighborhood. I understand that the property is currently scheduled for demolition. I would appreciate if the property would be removed from the demolition calendar to be given a short 30 day abatement so that I can begin my work on the subject property. I look forward to working with the City of Boynton Beach. Kind Regards, Maximo Arvelo City of Boynton Beach R Department of Development (D Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Submittal Deadline: 30 days after decision is rendered by the Building Division Please prinLpj t y pe Submittal Date Filing Fee: $250 payable to the City of Boynton Beach The undersigned owner(s) hereby respectfully petition(s) the Building Board of Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and interpretations ®fit Building Official and consider variances ®fit technical codes- Section(s) to be appealed- 6yii- U ik T, Z Property involved is described as follows- Lot(s) Block Subdivisionla-Lib I sj , Plat Book Page 2.'L or otherwise described as follows: Property Address: 71 SO Oto S1 Name and Address of r® 1 " T L LL Name of Applicant- 10,0 Applicant's Phone N� r 6X4- .J0MQ Sign'Ttu'rgo-f Applicant THE NOTICE OF APPEALS SHALL CONTAIN: I. A clear and concise statement of the order and decision of the Building Official sought to be appealed and the date thereof. 2® The reasons for is the appeal is to and a definite and detailed statement of relief sought from the Building Board of Adjustment and Appeals. & The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it shall have appended to it copies of any plans, drawings, rules or regulations or other documents that would be pertinent and materials to the hearing of the appeal. In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter period. 3301 Quantum Blvd.,Suite 101,B-,,nf--Q—, ,FL 33426 PO Box 310,Boy2ton each FL 33425-0310 Phone:(5611742-6350 S:V)evelopmentIBuildingtForms&Templatestln-HouseDuilding Board of Adjustment and Appeals Application(2104,9193,90198) City of Boynton Beach 10/19/2018 Building Division Boynton Beach, FIm tt: Construcction Board About: Compliance with BBA-11 I am writing you in regards to the property located at 3150 ORANGE ST, BOYNTON BEACH 33435, 1 purchased this property on September 11, 2013 with the intention to rehab the property. All of the utility hills and code hares costs have been paid on this property. I just find out that the property Is currently scheduled for demolition. I intend to pull permits to complete the rehab work and restore this property luck to a state where It will no longer be ars eye sore in the neighborhood. I would appreciate If the property would be removed from the demolition calendar. In order t move forward 1 already hired the following Architect, General Contractor and Subcontractors: ARCHITECT: RICHARD S. LOOKSHIN AR13088 GENERAL CONTRACTOR: OPTIMUS DEVELOPMENT CONTRACTORS, CGC 1525042 MECHANICAL: It CONTRACTORS, CORP CGC1250516 PLL I R CONTRACTORS, CORP CGC1429522 ROOF: ALL 00E GENERAL INC07527 ELECTRIC: MANCINI ELECTRIC INC EC113002517 We are ready to start working on this property as soon as we have your approval, in that order we have prepared the following working schedule and time line: Architect Pleas ready for Permits pliti ; 45 days Permits Review and approved by the city: 4.5 days Demo and Roof Work system: 45 days Plumbing: 30 days Electrical: 30 days Mechanical: 30 days Interior work and Windows: 30 days Landscaping and Palating. 30 days Unforeseen extras and finishing torches: 30 days TOTAL TIMELINE T" FINISH: 11 MONTHS Looking forward to working with the City of Boynton each. Kind Regards i le;, rvelo 954--825-3064 arvelom@hotmall.com BEACHCITY OF BOYNTON Account No. a 20- Received 0ecei aFu For s _ _ a Address .� - arc Peia _..,,. ,d ._4s�_, ..E...' �aw W+, `�?FOR `UF R' t- v€ CITY OF BOYNTON BCH-CI 100 E BOYNTON BEACH BLV BOYNTON BEACH,FL 33435 10,116!2016 12:24;37 CREDIT CARD AMEX SALE Card# XXXXXXXXXXX1009 Chip Card; AMERICAN EXPRESS AID; A000000025010B01 C Ta`�}'''y OF� (( EG N "i BPa 7E y" ATC: 0163 c ": f I "a hype; C : Dra#wi TC: C39FE4546B03795A Date: 10/16/18 02 Receipt. no' Z 7 (J: SE #; g Batch#, T�s��-i�:w t ir� a1-t a i• ''� "mt 1241 99 mI`TI INVOICE 91.Cy') $250,00 rws r y.1,: 1:B Approval Code; 842637 G/L wrount nwity-'t Entry Method: Chip Read ,"'WIZ-1,7201` oi; Issuer B EDI k QU71 i T i1 SALE AMOUNT $250.00 Total t2ndr,ad cii, ?'eta? payff_�t ,C? Trang ckte: 10/16,118 Tim, 12:2-15:12 CUSTOMER COPY PAPA Banner Location Address 3150 ORANGE ST Municipality BOYNTON BEACH Parcel Control Nunser 08-43-45-09-13-008-0221 Sual vision ROLLING GREEN RIDGE SEACREST ADD IN Official Records Boob 30112 Page 1978 Sale Tate SEP-2018 Leal Description ROLLING GREEN RIDGE SEACREST ADD N 45 FT OF LT 22&S 30 FT OF LT 23 BLK 8 -- Mailing address Owners 5500 NW 49TH AVE 3150 ORANGE ST LLC POMPANO BEACH FL 33073 3776 Sales Date Price OR BooldPag� Sale �' e leaner SEP $40,000 30112/ WARRANTY 3150 ORANGE ST LLC 2018 01978 DEED AUG- 30112/ WARRANTY 2018 $10 01976 DEED 3150 ORANGE ST LAND TRUST 2008 $10 01471 22941/ 471/ QUIT CLAIM COWRIEABRAHAM IAM 2007 $10 00754/ QUIT CLAIM LALL HARRY JUN- 17282/ SUNSHINE HOMES& 2004 $10 00879 QUIT CLAIM APARTMENT INC 123 No Exemption Inforruation Available. Nu nt)er of 1Jnits 1 *Total Square Feet 1804 Acres 0.20 1Jse Code 0100- SINGLE Zoning RI -Single Family(08-BOYNTON FAMILY BEACH) Tax Year 2018 P 2017 2016 Improvement Valu $74,965 $76,525 $56,253 Land Value $15,766 $12,128 $8,663'' Total Market Value $90,731 $88,653 $64,916 p All values are as of January 1 st each year Pr iminary Tax Year 2018 P 2017 2016 AssessedValue $70,516 $64,105 $58,277 E xemption Amount $0 $0 $0 'T'axable Value $70,516 $64,105 $58,277' Tax Year 2018 P 2017 2016 AdValorem $1,619 $1,535 $1,319 I on Ad Valorem $301 $292 $270'' Total tax $1,920 $1,827 $1,589 CFN 20180348593 OR BK 30112 PG 1978 RECORDED 09/11/2018 13:10:57 Palm Beach County, Florida AMT 40,000.00 DEED DOC 280.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: Sharon R. Bock Aileen Pena CLERK&COMPTROLLER Pinnacle Land and Title, Inc. Pgs 1978-1979; (2Pgs) 1809 Indian Road, Suite 103. West Palm Beach, Florida 33409 Our File No.: 18-194JB Property Appraisers Parcel Identification (Folio) Number: 08-43-45-09-13-008-0221 Florida Documentary Stamps in the amount of$280.00 have been paid hereon. Space above this Line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the 7th day of September, 2018 by Joshua Blanchard, Trustee 3150 Orange St Land Trust, dated August 27, 2018, whose post office address is 801 Northpoint Parkway, Suite 141, West Palm Beach, FL 33409 herein called the Grantor, to 3150 Orange St LLC, a Florida limited liability company whose post office address is 5500 NW 49th Avenue, Coconut Creek, FL 33073, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 001100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in Palm Beach County, State of Florida, viz.: Lot 23, Less the North 30 feet and the North 45 feet of Lot 22, in Block 8, of Rolling Green Ridge Seacrest Addition, according to the Plat thereof; as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No:18-194JB CFN 20180348593 BOOK 30112 PAGE 1979 2OF2 IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: r� e�— Witness#1 Signature Joshua Blanchard,Trustee 3150 Orange St Land 'STrust,dated August 27,2018 �-eeF-Fz�e'ut C.o�-r.aro Witness#1 Printed Name Witness#2 Sign m"a' Witness#2 Printed Name STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 7th day of September, 2018, by Joshua Blanchard,Trustee 3150 Orange St Land Trust,dated August 27,2018 who is personally known to me or has produced as identification and❑did did not take an oath. SEAL Notary Public S-Mja:Q vu Dara erti7 Printed Notary Name My commission expires: goX,P& Warty Garrwro 3* Commission i GC112628 (¢ - efEviirre{s Feb..p2211,21+d2a �,• �lltfi\5�*w BmM CML}Aaron Notary File No:18-194JB CFN 20180348593 OR BK 30112 PG 1978 RECORDED 0911112018 13:10:57 Palm Beach County, Florida AMT 40,000.00 DEED DOC 280.00 THIS INSTRUMENT PREPARED BY AND RETURN TO; Sharon R. Back Aileen Pena CLERK&COMPTROLLER Pinnacle Land and Title, Inc. Pgs 1978-1979; (2Pgs) 1801 ia'n Road, Suite 103. W Beach, Florida 33409 Our o.: 18-194JB Proper 449alsers Parcel Identification(Folio)Number: 08-43-45-09-13-008-0221 Florida ,q�ohentary Stamps in the amount of$280.00 have been paid hereon. -,-?Tf 211N Space above M Ow ftr Racwdhq Date WARRANI DEED THIS WARRANTY'bm, made the 7th day of September,2018 by Joshua Blanchard,Trustee 3150 Orange St Land Trust, dated u 27, 2018, whose post office address Is 801 Northpoint Parkway, Suite 141, West Palm Beach, FL 33409 h ' called the Grantor, to 3150 Orange St LLC, a Florida limited liability company whose post office address PO NW 49th Avenue,Coconut Creek, FL 33073, hereinafter called the Grantee: (Wherever used herein the jffo)'Grantor and 'Grantee" include all the parties to this instrument and the heirs, 1 a reprosehtatives and assigns of ials,and the successors and assigns of carporeflons) t.""!IF"-' W I T N E S S E T H: That the ""tQr,for and In consideration of the sum of TEN AND 00/100'5 ($10.00)Dollars and other valuable cons id erafiowvr'3— Pt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and cb0fteunto the Grantee all that certain land situate in Palm Beach County, State of Florida, viz.: Lot 23, Less the North 30 feet'�� '4A North 45 feet of Lot 22, In Block 8, of Rolling Green Ridge Sest Addition, according to x t thereof; as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County,Fldrl, Subject toeasements, restrictionsd.qeservatllons of record and taxes for the year 2018 and thereafter. U!, TOGETHER, with all the tenements, herecis and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequentto December 31,2017. He No.18-194JB EXHIBIT B Staff Report & Backup CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357 To: Chair and Members of the Building Board of Adjustments and Appeals From: Shane Kittendorf, CBO, Building official Date: October 24, 2018 Request: Applicant requests an appeal of the Building Officials demolition order based on Section 116, Unsafe Structures and Equipment of the Boynton Beach Administrative Amendments to the 6th Edition Florida Building Code. BACKGROUND SUMMARY 10/09/17, the property was cited per Boynton Beach Amendments 116.1 Unsafe Building or Systems and given 10 days to apply for permits to repair, rehabilitate or demolish. 12/18/17, the property was posted as an unsafe building per Boynton Beach Amendments 116.1 Unsafe Building or Systems and given 10 days to apply for permit to repair, rehabilitate or demolish. 05/01/18, the property was posted and a Notice of Unsafe Building to repair, rehabilitate or demolish sent certified mail to all names and addresses on the Encumbrance Report provided by the City of Boynton Beach Assistant City Attorney. 08/09/18, Final Notice for repair, rehabilitate or demolish within ten days sent to all names and addresses on the Encumbrance Report provided by the City of Boynton Beach Assistant City Attorney. 09/21/18, Request made to Finance for bids to demo structure. 10/16/18, the new property owner, Maximo Arvelo, met with staff stating he was not aware of the Building Officials demolition order, Mr. Arvelo purchased the property 09/11/18. Staff advised Mr. Arvelo to submit an application to go before the Construction Board and provide a detailed letter requesting time to repair the structure with a timeline and plans if able. 10/16/18, Mr. Arvelo submitted letter to Building Official requesting his property be removed from demo order. 100261469.1 306-90018211 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357 10/16/18, Mr. Arvelo submitted a written appeal and submitted an application to appeal the Building Officials Demolition Order to the Construction Board so he can make repairs. 10/26/18, Mr. Arvelo and all Building Board of Adjustments & Appeals members attending the hearing were notified of the scheduled date of 11.05.18 at 6:30pm. Mr. Arvelo is appealing the following code section to the Construction Board: 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes,it shall be demolished in accordance with this section. 116.1.3 In case the owner, agent, or person in control cannot be found.Within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. Criteria: The owner, Mr. Arvelo is appealing the Building Officials demolition order of the 116.1 Unsafe Building located at 3150 Orange St. Mr. Arvelo is requesting a stay of demolition and time to mobilize contractors and Design Professional(s) for the permitting and the repair of the said building. 100261469.1 306-90018211 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357 Considerations: A permit issued for a garage and rear addition in 2000, permit 00-3239. Inspections performed on the additions up to the roof truss tie-down inspection. The roof system has been open to the elements since the last inspection 05/10/2004. This building has been in disrepair and in an unsafe condition since the permits expired in 2004. Recommendations: The City would request that the Unsafe Building either,be demolished within 10 daysin+med^* ly by the new owner or that the Board issue an Order Staying the Demolition far- ,ao.,,ol4i„* to allow the new owner an opportunity to repair the property within a strict and agreed upon timeline to ensure this property is brought back into a safe and HABITABLE CONDITION. The City would also request if the Bea- Board does issue an Order Staying the Demolition, that the Order specifically: 1. Provide that date on which the stay would expire; 2. Direct that the City can proceed with the demolition at the expiration of the stay should the applicant not repair the property AND bring the property back into a safe and habitable condition as determined by the Building Official; 3. That should demolition be required, the 4-1 emolition of the building shall be at the owners expense. Attachments Exhibit A— Staff Back up Exhibit B —Pictures Exhibit C — Sections 113 and 116 of the Boynton Beach Administrative Amendments 100261469.1 306-90018211 The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 (9 FAX: 561-7426357 www.boynton-beach.org DATE OF POSTED NOTICE: 05/01/2018 VIA CERTIFIED MAIL&REGULAR MAIL TRACKING#7011 2970 0001 8395 5608 Abraham Cowrie 3150 Orange St Boynton Beach,F133435 REF: 3150 Orange St Boynton Beach,FL 33435 Parcel Control Number: 08-43-45-09-13-008-0221 Subdivision: ROLLING GREEN RIDGE SEACREST ADD IN Official Records: Book 22941 Page 1471 Legal Description ROLLING GREEN RIDGE SEACREST ADD N 45 FT OF LT 22&S 30 FT OF LT 23 BLK 8 RE: FBC 116 Unsafe Structures -Repair,Rehabilitate,or Demolish Structure To whom it may concern: Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code(FBC)the above referenced building has been deemed unsafe,unsanitary,or does not provide adequate egress, or which constitutes a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health,are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with this Code. Comments: Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities,inadequate light and ventilation, or that constitute a fire hazard, or in which the structure or individual structural members meet the definition of "Dangerous,"or that are otherwise dangerous to human life or the public welfare,or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe. • Inadequate maintenance- Roof system failing and multiple areas of the deck exposed to the weather. FBC —R R903.1 General. Roof decks shall be covered with approved roof coverings secured to the building or structure in accordance with the provisions of this chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved manufacturer's installation instructions such that the roof assembly shall serve to protect the building or structure. • Inadequate maintenance,Dangerous to human life or the public welfare—Roof system not secured properly structure is located in a windborne debris region. Immediate removal required to prevent large missile impacts to the adjacent structures. • Inadequate maintenance, Dangerous to human life or the public welfare, Exposed sheathing, trusses, structural damage, interior walls and finishes, FBC Existing [B] 606.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section, FBC Existing [B] 606.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of the Florida Building Code Building for load The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 (9 FAX: 561-7426357 www.boynton-beach.org combinations that include wind or earthquake effects, except that the seismic forces shall be the reduced FBC-level seismic forces. • Inadequate maintenance,Dangerous to human life or the public welfare. Roof system not secured properly, structure located in a windborne debris region. Immediate removal required to prevent large missile impacts to the adjacent structures. • Inadequate light and ventilation — Property Board up — FBC, Residential R303.1 Habitable rooms. All habitable rooms shall have an aggregate glazing area of not less than 8 percent of the floor area of such rooms. Natural ventilation shall be through windows, doors, louvers or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants. The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. • Does not provide adequate egress, which constitutes a fire hazard - Emergency escape openings through windows are in non-compliance do to structure board up. — FBC, Residential R310.1 Emergency escape and rescue required. Basements, habitable attics and every sleeping room shall have at least one operable emergency escape and rescue opening. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. Structure is located in a windborne debris region, Reference - FBC-R R301.2.1.2 Protection of openings. Glazed openings in buildings located in windborne debris regions shall be protected from windborne debris. • Inadequate maintenance - Multiple openings into attic and around the structure not protected to prevent critters from entering. FBC,Building 1203.2.1 Openings into attic.Exterior openings into the attic space of any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels, rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm) shall be permitted. Openings for ventilation having a least dimension larger than 1/4 inch(6.4 mm) shall be provided with corrosion-resistant wire cloth screening, hardware cloth, perforated vinyl or similar material with openings having a least dimension of not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm). Where combustion air is obtained from an attic area,it shall be in accordance with Chapter 7 of the Florida Building Code,Mechanical. • Inadequate maintenance—No electricity-Electric Service Panel removed from Structure. FBC-R E3404.7 Integrity of electrical equipment. Internal parts of electrical equipment,including busbars, wiring terminals, insulators and other surfaces, shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners or abrasives, and corrosive residues. There shall not be any damaged parts that might adversely affect safe operation or mechanical strength of the equipment such as parts that are broken;bent; cut; deteriorated by corrosion, chemical action, or overheating. Foreign debris shall be removed from equipment. • Inadequate maintenance—Exposed wires multiple locations around structure. Unsafe to energize electrical system without a complete service review by a licensed electrical contractor. FBC, Residential E3404.9 Energized parts guarded against accidental contact. Approved enclosures shall guard energized parts that are operating at 50 volts or more against accidental contact. NEC 110.7 Wiring Integrity — Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground other than as required or permitted elsewhere in this Code. • Inadequate maintenance, Unsanitary conditions - No potable water to property — FBC, Plumbing 602.2 Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products. Unless otherwise provided in this code,potable water shall be supplied to all plumbing fixtures. The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 (9 FAX: 561-7426357 www.boynton-beach.org Time Line for Compliance: PERMIT APPLICATION SUBMITTAL—15 days from the date of posted Notice(May 22,2018) PERMIT ISSUED—45 days from date of posted Notice(July 03,2018) • Make sure to hire a design professional and contractor who knows the Florida Building Code and the Plan Review process. Failing a plan review will not grant an extension of time. FINAL INSPECTIONS COMPLETED -Notice of Completion issued by Building Official—90 days from date of posted Notice.(September 04,2018) Based on this determination you are hereby ordered to have the BUILDING/ STRUCTURE repaired and rehabilitated or demolished within ninety(90)calendar days from the date of this notice(September 04,2018)in accordance with Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6TH Edition (2017) Florida Building Code. If such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such buildings, structures or service systems TO BE DEMOLISHED. If you disagree with the building being declared unsafe; per Section 116.4 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code; "The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice". An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (30 days) of the date of this Notice. The fee to cover hearing costs is two hundred and fifty ($250.00) dollars per the Building Division Fees under Section III(B). Upon expiration of the thirty(30)day period per Section 113.4.4 of the Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code, the affected owner or duly authorized agent waives any further right of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will be demolished by the City; accordingly, the costs incurred will be charged to the owner per Section 116.3 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code. If you should have any questions or would like to meet to discuss this action,please contact John Kuntzman,Deputy Building Official in the Building Division at(561)742-6376. Thank you. Sincerely, 01, fr 9 A,� Shane Kittendorf CBO, CFM Building Official The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 (9 FAX: 561-7426357 www.boynton-beach.org NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (05/01/2018) The owner or other interested parties for the structure located at (3150 Orange Street, Boynton Beach, FL 33435), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (90 days) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (John Kuntzman, Deputy Building Official (561) 742-6376) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (30 days) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org August 09, 2018—Final Notice DATE PROPERTY POSTED WITH NOTICE: 05/01/2018 VIA CERTIFIED MAIL &REGULAR MAIL TRACKING# 7014 0510 0000 6232 2311 Abraham Cowrie General Delivery Lake Worth,FL 33463 REF: 3150 Orange St Boynton Beach,FL 33435 Parcel Control Number: 08-43-45-09-13-008-0221 Subdivision: ROLLING GREEN RIDGE SEACREST ADD IN Official Records: Book 22941 Page 1471 Legal Description ROLLING GREEN RIDGE SEACREST ADD N 45 FT OF LT 22&S 30 FT OF LT 23 BLK 8 RE:FBC 116 Unsafe Structures-Repair,Rehabilitate,or Demolish Structure To whom it may concern: Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6'Edition(2017)Florida Building Code (FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or which constitutes a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. Comments: Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities,inadequate light and ventilation, or that constitute a fire hazard,or in which the structure or individual structural members meet the definition of"Dangerous," or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe. • Inadequate maintenance -Roof system failing and multiple areas of the deck exposed to the weather. FBC— R R903.1 General. Roof decks shall be covered with approved roof coverings secured to the building or structure in accordance with the provisions of this chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved manufacturer's installation instructions such that the roof assembly shall serve to protect the building or structure. • Inadequate maintenance,Dangerous to human life or the public welfare—Roof system not secured properly structure is located in a windborne debris region. Immediate removal required to prevent large missile impacts to the adjacent structures. • Inadequate maintenance, Dangerous to human life or the public welfare, Exposed sheathing, trusses, structural damage,interior walls and finishes,FBC Existing [B]606.2 Repairs to damaged buildings.Repairs to damaged buildings shall comply with this section, FBC Existing [B] 606.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org code official.The evaluation shall establish whether the damaged building,if repaired to its pre-damage state, would comply with the provisions of the Florida Building Code Building for load combinations that include wind or earthquake effects, except that the seismic forces shall be the reduced FBC-level seismic forces. • Inadequate maintenance, Dangerous to human life or the public welfare. Roof system not secured properly, structure located in a windbome debris region. Immediate removal required to prevent large missile impacts to the adjacent structures. • Inadequate light and ventilation — Property Board up — FBC, Residential R303.1 Habitable rooms. All habitable rooms shall have an aggregate glazing area of not less than 8 percent of the floor area of such rooms. Natural ventilation shall be through windows,doors, louvers or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants. The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. • Does not provide adequate egress, which constitutes a fire hazard - Emergency escape openings through windows are in non-compliance do to structure board up. —FBC,Residential R310.1 Emergency escape and rescue required. Basements, habitable attics and every sleeping room shall have at least one operable emergency escape and rescue opening. Emergency escape and rescue openings shall open directly into a public way,or to a yard or court that opens to a public way. Structure is located in a windborne debris region, Reference - FBC-R R301.2.1.2 Protection of openings. Glazed openings in buildings located in windborne debris regions shall be protected from windborne debris. • Inadequate maintenance - Multiple openings into attic and around the structure not protected to prevent critters from entering. FBC,Building 1203.2.1 Openings into attic. Exterior openings into the attic space of any building intended for human occupancy shall be protected to prevent the entry of birds,squirrels,rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm) shall be permitted. Openings for ventilation having a least dimension larger than 1/4 inch(6.4 mm)shall be provided with corrosion-resistant wire cloth screening, hardware cloth,perforated vinyl or similar material with openings having a least dimension of not less than 1/16 inch(1.6 mm) and not more than 1/4 inch (6.4 mm). Where combustion air is obtained from an attic area,it shall be in accordance with Chapter 7 of the Florida Building Code,Mechanical. • Inadequate maintenance—No electricity -Electric Service Panel removed from Structure. FBC-R E3404.7 Integrity of electrical equipment.Internal parts of electrical equipment,including busbars, wiring terminals, insulators and other surfaces, shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners or abrasives, and corrosive residues. There shall not be any damaged parts that might adversely affect safe operation or mechanical strength of the equipment such as parts that are broken-,bent-, cut; deteriorated by corrosion, chemical action, or overheating. Foreign debris shall be removed from equipment. • Inadequate maintenance —Exposed wires multiple locations around structure. Unsafe to energize electrical system without a complete service review by a licensed electrical contractor. FBC, Residential E3404.9 Energized parts guarded against accidental contact.Approved enclosures shall guard energized parts that are operating at 50 volts or more against accidental contact. NEC 110.7 Wiring Integrity — Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground other than as required or permitted elsewhere in this Code. • Inadequate maintenance, Unsanitary conditions - No potable water to property — FBC, Plumbing 602.2 Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products. Unless otherwise provided in this code,potable water shall be supplied to all plumbing fixtures. The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org August 09, 2018—Final Notice Compliance Required: RESPONSE REQUIRED—30 calendar days from the date of this notice. Based on this determination you are hereby ordered to have the BUILDING/STRUCTURE repaired and rehabilitated or demolished within ninety(30) calendar days from the date of this notice (September 09, 2018)in accordance with Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6' Edition (2017) Florida Building Code. If such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such buildings, structures or service systems TO BE DEMOLISHED. If you disagree with the building being declared unsafe-, per Section 116.4 of the Boynton Beach Administrative Amendments to the 6'Edition (2017)Florida Building Code; "The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice".An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office,within(30 days)of the date of this Notice. The fee to cover hearing costs is two hundred and fifty (5250.00) dollars per the Building Division Fees under Section III(B). Upon expiration of the thirty (30)day period per Section 113.4.4 of the Boynton Beach Administrative Amendments to the 6'Edition(2017)Florida Building Code,the affected owner or duly authorized agent waives any further right of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will be demolished by the City-, accordingly, the costs incurred will be charged to the owner per Section 116.3 of the Boynton Beach Administrative Amendments to the 6'Edition(2017)Florida Building Code. If you should have any questions or would like to meet to discuss this action,please contact John Kuntzman,Deputy Building Official in the Building Division at(561)742-6376. Thank you. Sincerely, Shane Kittendorf CBO, CFM Building Official The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (08/09/2018) The owner or other interested parties for the structure located at (3150 Orange Street Boynton Beach, FL 33435), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (30 days) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. The owner should contact (John Kuntzman, Deputy Building Official (561) 742-6376) within ten (30) days of the date of this Notice. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (30 days) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. INTER-OFFICE CORRESPONDENCE MEMORANDUM TO: Andrew Mack,Director of Development FROM: David N.Tolces,Assistant City Attorney DATE: January 29,2018 RE: City of Boynton Beach ("City") / Unsafe Structure of Property located at 3150 Orange Street,Boynton Beach, FL 33435 Pursuant to your request, we have reviewed the Ownership and Encumbrance Property Information Report ("O&E") dated January 15, 2018, (Effective Date of Search: December 27, 2017 @ 11:00 PM) for the above referenced property. Based upon the O&E, the owner of the property is Abraham Cowrie. Based upon this information,we are providing you with the names and addresses of the Owner, Owner's representatives and interested parties that must receive notice are as follows: Abraham Cowrie (Owner) 3150 Orange Street Boynton Beach,FL 33435 also Abraham Cowrie (Owner) General Delivery Lake Worth,FL 33461-9999 A Notice of Unsafe Structure should be provided to the Owner, the Owner's representatives and all interested parties at the above referenced addresses. Should you have any questions or concerns regarding this matter,please do not hesitate to contact our office. DNT:kml w (00215226.1306-9001821) r1rT1 i ne Palm Beach Post Palm Beach Daily News f&ibar PROOFOF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Tiffani Everett,who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post,a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida;that the attached copy of advertising for a P-Main Legal ROP was published in said newspaper on:first date of Publication 05/20/2018 and last date of Publication 05/27/2018.Affiant further says that the said The Palm Beach Post Is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida,daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person,firm or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper. BOYNTON BEACH, CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 Invoice/Order Number: 0000361830 Ad Cost: $1,400-00 Paid: $0.00 Balance Due-. $1,400.00 Signed Advertising Agent) Sworn or affirmed to,and subscribed before me,this 29th day of_MAX,291 jLin Testimony whereof,I have hereunto set my hand and affixed my official saa4he day and year aforesaid. P Signed "N JUSTIN PETERSON,Notary Publla In and for the Slate of Ohio W Please see Ad�rt rt page(s). My COMIU10 Expires July 31,2019 Page 1 of 3 BOYNTON BEACH,CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH,FL33435-3838 Invoice/Order Number: 0000361830 Ad Cost: $1,400.00 Paid: $0A0 Balance Due: $1,400.00 Me of City &ynton &wch NOTICE OF INTENT T DEMOLISH OR SUBSTANTIALLY REPAIRINSPECT (05101/2018) The owner or other interested parties for the : structure located of (3150 Orange Street, Boynton Beach,FL 334351,are hereby notified that e City of Boynton Beach, Florida will proceed so have the building, structure or system repaired, demolished or removed (9D days) often the dote of this Notice, if said building,structure or system is not substantially repaired,demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. if,as a result of this Notice,the building, structure or system is substantially repaired,demolished,or removed by the owner,notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving cerfificotion of code compliance. To request an extension of time,the owner show)contact Hohn Kunfttnon, Deputy Building Official 1561) 742-6376) within ten (10) days of the dote of this Nance. Said request iM extension must be made in writing to the buildingWding official. Am of6ded owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appw4. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within (30 days) of the date of this Notice. 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Valuation calculations 5-ITILD SEE COMMITS 77i EG 1012�r2002 �P 1012912002 '3Tk3 FCRbi '00613G 9126/2002 DF. 91x,1200- 5LLR FORM 1002 EG 9]23(2602 �P 912912602 '4r LL SHEATHING '010101 10/1a/2002 CA 16/17/.2002..... WALL SHEATHING 0002Tsi 16 r1'17;12062 Bf SOrYS8rr�00C WAL=L SHEATHING ....... ......... ........ ....... 0003 EG 10113/2002 d:F........ � 16/2 11200 2 0001:::: :3G 16J2 ,(2002 .: Dom. 101 ,y2002 3`r F 6002 D,7 211312664 Dis 2117/2004 Slnui 0003.: W07H 5JY0 12004 -. s,ya4,'z00 l S RRP '000 WSH 5/10/2004 &P 5/11/2004__. TRUSS 00.0.1... .--BG � ili:_�-_►� Tairss �aa�_ -DS z1t�7 2a64......... -,-72 654 0003 W i Srr0312004 B -.-.. SfY79rY20L�1___._ Print TRUSS 00c)I &J3 S n 1 2 4 �z5110/2004 _ " .. � .----tk3 ---- S710004------- .--. .5111204.... Cancel PL.UM3 ROUGH/UNDERGROUND 0001.... .....mR 9/11612002 Ai, 911712000............ BG 1012x2002 _. 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Such board members shall be composed of individuals with knowledge and experience in the technical codes to include,to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members,there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one- third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms.Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code,the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting,the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision,the vote of each member,the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code,to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official.The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1.The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2.The provisions of this code do not apply to this specific case. 3.That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4.The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances.The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1.That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2.That the special conditions and circumstances do not result from the action or inaction of the applicant. 3.That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4.That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5.That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system,which in the opinion of the building official, is unsafe, unsanitary or dangerous,the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board 113.5.1 Rules and regulations.The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code.The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible,whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form.The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board,the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board.The Board may consider testimony presented by the building official,the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code,the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board.The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113.The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents.The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process,that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor,finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. Boynton Beach Amendments 6th Edition 2017 Florida Building Code SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with the this Code.The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical,gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located,the building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice,the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance.To request an extension of time,the owner should contact (Contact Person and Phone Number)within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein,together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met,without regard to whether or not the owner actually received said notice. 116.1.2 If necessary,the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official.The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other servants,to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof,the building official, after having ascertained the cost may take action to cause such building, structure, electrical,gas, mechanical or plumbing system or portion thereof,to be demolished, secured, repaired, or required to remain vacant or unused.Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the building official shall be final in cases of emergency,which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail,the owner of the premises will be charged in the following manner: 1.The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property, including the street address,which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal.The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice.