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Agenda 01-28-19 AGENDA '. BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Monday,January 28, 2019 TIME: 2:00 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: Jermaine Frazier Reference: 1641 N.W. 1s1 Court, 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 6t" 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&Appeals\FY 2018-2019\1641 NW 1 st Ct\Applicant-Exhibit A\01-28-19 Agenda.doc The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 3301 Quantum Boulevard,Suite 101 P.O. Box 310 LE A Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6357 • www.boynton-beach.org January 23, 2019 RE: Mr. Jermaine Frazier, 1641 N.W. 1st Court, 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. Permit No: 18-3043 is approved and Permit No: 18-2408 is not approved pending Electrical approval. Dear Board Members: Attached is the agenda for the January 28, 2019, meeting. The applicant, Mr. Jermaine Frazier, 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, D 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 Jermaine Frazier, 6567 Venetian Drive, Lake Worth, FL 33462 - Via EMail EXHIBIT A Application and Applicant' s Back- up Building Board of Adjustment and Appeals Application- 1641 NW V Court(Frazier) City of Boynton Beach 100 E Boynton Beach Blvd Department of Development Building Division 561-742-6350 To the Building Board of Adjustments and Appeals: Please accept this letter for relief as I have tried to remain in compliance with all rules,laws, codes,and requirements that I have been made aware of. To date I have submitted architectural drawings,trade specific plans,applied for permitting,followed up and answered all questions posed by building officials. The residence is being constructed/funded from my personal savings,so each request has been budgeted to make it a priority however I have not been able to the meet the requirements no matter what I have submitted. I'm asking that the board would please grant me an adequate amount of time to be able to successfully obtain the required permitting and rehabilitate the residence to the current Florida Building Code. If I can be granted at least 12 months post approval of permitting,it will allow me sufficient time to budget for all out of pocket expenses that will need to be met to successfully rehabilitate the residence. I'm requesting a reasonable amount of time for each trade of(3)months to begin project,obtain required inspections and schedule into their current work schedule(Electrical,Plumbing,Roofing/Truss, Mechanical). Respectfully, Jermaine Frazier 3496 Palomino Drive Lantana Ff.33462 561-385-8751 561-436-5146 2 City of Boynton Beach Department of Development Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Submittal Deadline: 30 days after decision is rendered by the Building Division Please prigLgLtype Submittal Date: Filing I to the Cityf Boynton Beach undersignedThe r(s) hereby respectfully petition(s) the Buildingf AppealsAdjustment and t to petitioner(s) an appeal of decisions interpretations the BuildingOfficial consider varic the technical . Se cti ( o e appealed: $ . Property involved is describedfollows- t } lock SubdivisionV , t ,.�, or otherwise r follows. c�.� � �.�a —16 Property r ss: 4 t i-� a e and Address of Owner . - Name of Applicant: tAX T Applicant's Phone Number: " - - y. . - r : `� 4 ► i .. 09,91 Sign ure plicafnt NOTICETHE L I : 1. A clear and concise statement the order and decision of the Building Official sought t be appealed and the datethereof. . The reasons for which the appeal is taken and a definitedetailed statement of relief sought from the BuildingBoard 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, les or regulations or other documents that would be pertinent and materialsthe hearing oft 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,Boynton Beach,FL 33426 PO Box 310,Boynton Beach FL 33425-0310 Phone:(561)742-6350 S:0eve1opmentl8ui1dingtForms&Templateslln-HouselBuilding Board ofAdjustment and Appeals Application(2104,9113, 10118) 11/16/2018 https://www.pbcgovorg/papa/Asps/Propertyl)etail/PrinterfriendlyPropertyPrint.aspx?parcel=08434516010400030 Property Detail Location Address 1641 NW IST CT Municipality BOYNTON BEACH Parcel Control Number 08-43-45-16-01-040-0030 Subdivision ROLLING GREEN RIDGE IST ADD IN PB 24 PGS 223 TO 226 INC Official Records Book 25317 Page 449 Sale Date JUL-2012 Legal Description ROLLING GREEN RIDGE IST ADD LT 3 BLK 40 Owner Information Mailing address Owners 6567 VENETIAN DR FRAZIER,JERMAINE LAKE WORTH FL 33462 3663 Sales Information Sales Date Price OR Book/Page Sale Type Owner JUL-2012 $to 25317 / 00449 QUIT CLAIM FRAZIERJERMAINE MAY-1991 $100 06831 / 01324 QUIT CLAIM FRAZIER TERESA JAN-1977 $30,500 02695 / 01320 Exemption Information No Exemption information available Property Information Numberof Units I *Total Square Feet 1576 Acres 0.16 Use Code 0100 - SINGLE FAMILY Zoning RIA-Single Family(08-BOY( TON BEACH Appraisals Tax Year 2018 2017 2016 Improvement Value $79,135 $70,417 $51,204 Land Value $19,324 $14,865 $9,910 Total Market Value $98,459 $85,282 $61,114 All values are as of January I st each year Assessed and Taxable Values Tax Year 2018 2017 2016 Assessed Value $68,592 $62,356 $56,687 Exemption Amount $0 $0 $0 Taxable Value $68,592 $62,356 $56,687 "Taxes Tax Year 2018 2017 2016 Ad Valorem $1,641 $1,487 $1,269 Non Ad Valorem $295 $292 $270 Total tax $1,936 $1,779 $1,539 Dorothy lacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER .pbcgov.org/PAPA Building Board of Adjustment and Appeals Application- 1641 NW I't Court(Frazier) City of Boynton Beach Permit#18-2408 Interior/Rehab 100 E Boynton Beach Blvd Permit#18-3043 AC Department of Development Building Division 561-742-6350 To the Building Board of Adjustments and Appeals: I'm asking that you accept this letter for relief and grant me an extension of time to secure permits and rehabilitate my property located at 1641 NW V Court. I have tried to remain in compliance with all rules,laws,codes,and requirements that I have been made aware of. To date I have submitted architectural drawings,trade specific plans,applied for permitting,followed up and answered all questions posed by building officials. I would appreciate if the property would be removed from the demolition calendar so that I can move forward. The residence is being constructed/funded from my own personal savings,so each request has been budgeted to make it a priority however I have not been able to successfully the meet the requirements no matter what I have submitted. I'm asking that the board would grant me an adequate amount of time to be able to successfully obtain the required permitting and rehabilitate the residence to the current Florida Building Code. If I can be granted up to 12 months,it will allow me sufficient time to budget for all out of pocket expenses that will need to be met to successfully rehabilitate the residence. I'm requesting a reasonable amount of time for each trade to begin project,obtain required inspections and schedule into their current work schedule(Electrical,Plumbing,Roofing/Truss,Mechanical), Proposed work schedule and timeline: Architectural Plans and requested updates 45 days Permit Review and approval by the City 45 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 Painting 30 days Unforeseen extras and finishing works 30 days Respectfully, Jermaine Frazier 3496 Palomino Drive Lantana FI.33462 561-385-8751 561-436-5146 V Mis c P Ildneous Cash Receipt CITY OF BOYNTON EACH No. Account No. M' j 7w $ Al UC-w-di- 20 Received of—, Address lYpe-Til:-ft-c-mo- -. m -or t v _uf 'LAWL-_ Sia d J'A PMS TO i Dept. By TtAW ')0LJ FCP ",A_M'PV4fT W'Siff CITY OF BMRN PlACH MTIV,T N oz: EqYff.".'B-1 Type.' CC, Dreuer: I a—'i : lill!vlb Au"Pipt na: De�criptf an Quant I ty '4flount- 59 Pli—V M. -ALTITS 1 00 $RCT.Orl) Tr 79161% GVL account no -r." CM 0GV_TllieDl00 A01_411010-31021--o1CVI) I TendN- d3ti 1 CK 011IN Fbtal tenckal VT.01) 'Totni Pa"PTIEnt $21EA�100 Trans dat2: HM/to Tune* 1228:T PAPA Banner Location Address 1641 NW 1 ST CT Municipality BOYNTON BEACH Parcel Control Nur 08-43-45-16-01-040-0030 Subdivision ROLLING GREEN RIDGE 1 ST ADD IN PB 24 PGS 223 TO 226 INC Olcial Records Boob 25317 Page449 Sale Date JUL-2012 Legal Description ROLLING GREEN RIDGE 1 ST ADD LT 3 BLK 40 Flailing address Omen 6567 VENETIAN DR FRAZIER JERMAINE LAKE WORTH FL 33462 3663 Sales Date Price OR Book/Page Sale Type Oviner JUL-2012 $10 25317/00449 QUIT CLAIM FRAZIER JERMAINE MAY-1991 $100 06831/01324 QUIT CLAIM FRAZIER TERESA JAN-1977 $30,500 02695/01320 No Exemption Infomnation Available. Nuntwr of Units 1 'Total Square Feet 1576 Acres 0.1607 Use Code 0100- SINGLE Zoning RIA-Single Family(08-BOYNTON FAMILY BEACH) Tax Fear 2018 2017 2016 InprovementValue $79,135 $70,417 $51,204 Land Value $19,324 $14,865 $9,910, 'otal Market Value $98,459 $85,282 $61,114 All values are as of January 1 st each year Tax Fear 2018 2017 2016 Assessed Value $68,592 $62,356 $56,687 Fxe tion, unt $0 $0 $0 Taxable Value $68,592 $62,356 $56,687 Tax Fear 2018 2017 2016 Ad Valorem $1,641 $1,487 $1,269, Non Ad Valorem $295 $292 $270 'I'otal tax $1,936 $1,779 $1,539 � ra�aN�Na���aa�ua�ri� CFN 20120269323 OR BN 25317 PG 04139 RECORDED 07/11/2812 10:85:95 Palo Beach County, Florida S INSTRUMENT WAS Dae Steep 0.70 U PARED BY AND RETURN TO: Sharon R. Bock,CLERK & COMPTROLLER 01 Pgs 0449 - 458; (2pga) The area above this line is for the use of the recording official . ' QUITCLAIM DEED ;- (one grantor) f T S QUITCLAlriii QED,executed this 10 day of .NcA\3 20 .Q by f Party of the first part;whose address is 1 4�1 .�.+_ t s party of the second part, whose address is V% klk:VIL k R_ i TNE',SS,TH, that they sdifirst party, for and in consideration of the sum of Ten Dollars ($l0.00) and other good and valuable consideration, in hand paid by the said second par(y, the receipt whereof is hereby ackrno, hedged,has granted,bargained,transferred and sold unto the said second party forever,all the right,� ,nterest, claim and demand_which the said fust party has in and to the following described lot,piece?AF parcel of land,situate,lying and being in the County of State ofFlortdal' wit: sjCt4Q"'.r-.,; RUk\% + Aon \w. PbDi P Parcel I.D.Number: TO HAVE AND TO HOLD the same togett.2r with..all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the,'state;right, title, interest, lien, equity Book25317/Page449 Page 1 of 2 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: January 28, 2019 Address: 1641 NW 1st Ct 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 12/22/09, Boynton Beach fire Dept. responded to a structure fire 12/08/17, the property was posted as an unsafe building per Boynton Beach Amendments 116.1 Unsafe Building or Systems, the owner was given 10 days to apply for permits to repair, rehabilitate or demolish 05/01/18, the property was posted with a Notice of Unsafe Building to repair, rehabilitate or demolish and certified mail sent to all names and addresses on the Encumbrance Report provided by the City of Boynton Beach Assistant City Attorney. 05/24/18,the owner met with staff for an extension of time and advised to submit a written request for an extension of time to apply for permits. The request for an extension was granted until May 11, 2018 as requested. 05/31/18, the contractor applied for permits to repair the building 06/01/18, the plan review was completed and comments sent to the contractor. One business day. 10/10/18, the contractor submitted corrected plans for review. Ninety-four business days 10/15/18, plan review completed and comments sent to contractor. Four business days 11/02/18, the owners were notified to appear before the Construction Board for a stay of demolition. 11/19/18, Mr. Frazier submitted a written appeal and submitted an application to appeal the Building Officials Demolition Order to the Construction Board so he can make repairs. 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 01/10/19, the contractor submitted corrected plans for review. Fifty-eight business days. 01/11/19, plan review completed, electrical comments not addressed completely. One business day. DBO contacted the contractor the contractor stated the DOR would call the plan reviewer concerning the repeated comments. 01/15/19,DBO requested the DOR's contact information and the plan reviewer contacted the DOR to discuss the panel schedule comments. 01/16/19,contractor declined the deferred submittal option,as there would be a fee for the revision, comments sent to contractor. Mr. Frazier and all Building Board of Adjustments & Appeals members attending the hearing agreed and notified of the scheduled date of 01/28/19 at 2:00pm Mr. Frazier 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. 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 Criteria: The owner, Mr. Frazier is appealing the Building Officials demolition order of the 116.1 Unsafe Building located at 1641 NW Ist Ct. Mr. Frazier is requesting a stay of demolition and time to mobilize contractors and Design Professional(s) for permitting and the repair of said building. Recommendations: The City would request that the Unsafe Building either, be demolished wit ill i( by the owner or that the Board issu g Order t vi i:�:.�I� �� ���,� ��...�� �...F���.:�... ��F dic F+- 4C41 to allow the 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 f- B x• doe's issue g Order the Order Sci l- llv:. L Provide that date oti which the Stav Would exuLe 2. irect flet the �`it�::....� �� g:.....: with th �-n llitiog t the x; iratio� � �b � �..._�hould the ppligagt got repair the pi:opert � T I������ �b ....�� ����� 1jgt ..._ Safe gd habitable - ti n t: 3. 'rhat 'should dernolitiog be r- ,�iix• , the if...: a i were Hi p4ete .....41 4 G,--it =k 4d wafd wardNk4th 6i demolition of the building ',bill 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 r DEVELOPMENT DEPARTMENT BUILDrNG DWISON 100 E. Boynton Beach Boulevard P.O. Box 310 rpt _ Boynton Beach Florida 33425 0310 # r i TEL,561-742-6350 FAX: 561-7426357 w.boynton-beach.or DATE OF POSTED NOTICE: 05/01/2018 HA CER71FIED MAILAL TRACKING# 7015 0640 00018664 1793 Jermaine Frazier 1641 NW I'*Ct Boynton Beach,FL 33435 J[+: 1641 NW Is'Ct Boynton Beach,FL 33435 Parcel Control Number: 08-43-45-16-01-040-0030 Subdivision: Rolling Green Ridge 1't Add IN PB 24 PGS 223 to 226 INC Official Records:Book 25317 Page 449 Legal Description Rolling Green Ridge 1sT Add LT 3 BLR 40 ®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 sanitary, 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 othenvise 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 safe. ® Inadequate maintenance - Roof system failing and multiple areas of the deck exposed to weather due to structure fire. 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 approvedmanufacturer'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 w' dborne 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 fire damaged sheathing, trusses,structural da age and structural settlement cracks noticed around structure.FBC Existing[B]606.2 Repairs to damaged buildings. Repairs to damaged buildings shalt comply with this section,FBC Existing [B] 606.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the The City ofBoynton Beach BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 a h Boynton Beach, Florida 33425-0310 r � TEL: 561-742-6350 FAX: 561-7426357 www.boynton-beach.org 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 combinations that include wind or earthquake effects, except that the seismic forces shall be the reduced FBC-level seismic forces. 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 8310.1 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 01.2.1.2 Protection of openings.Glazed openings in buildings located in windborne debris regions shall be protected from windbore 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 ofbirds,squirrels,rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less than 1/16 inch(1.6 ) and not more than 1/4 inch(6.4 ) shall be permitted. Openings for ventilation having a least dimension larger than 1/4 inch( .4 n)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 ) and not more than 1/4 inch (6.4 ). 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 ofBoynton Beach DEVELOPMENT DEPARTMENT BUILDING DISON 100 E. Boynton Beach Boulevard P.O. Box 310 u Boynton Beach, Florida 33425-0310 TEL: 561-242-6350 Fes: 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) o 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/STRUC'T'URE 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 61H 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 61 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 611 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 Oficial in the Building Division at(561)7426376. Thank you. Sincerely, Shane Kittenorf CBO,CFM Building Official The City ofBoyriton Beach DEVELOPMENT DEPARTMENT BUILDING T SON 100 E. Boynton Beach Boulevard 4 art, P.O. Box 310 n Boynton Beach, Florida 33425-0310 S L:561-742.-63598 FAX: 561-7426357 www,boyntor�-beach.org DEMOLISHNOTICE OF INTENT TO TI INSPECT owner (05/01/2018) The or other interested parties fort e structure loci t (1641 NW 1S'Ct, Boynton Beach, FL 33435), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, olio 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 y the owner, notice is hereby given that work to abate the unsafe condition requires building er its 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 shout contact (John Kuntzman, Deputy Building Official (5 61) 742-6376) within ten (1 0) days oft e date of this Notice. Said request for extension must be made in writingthe buildingi i . An affected owner or duly authorized agent has the right to appeal this action tot e 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 Buildingi i ion Office, within (30 days)of the date of this Notice. The fee to corer hearing costs shall be established by ordinance. INTER-OFFICE CORRESPONDENCE MEMORANDUM TO: Andrew Mack,Director of Development FROM: David N.Tolces,Assistant City Attorney 7717 DATE: January 23,2018 RE: City of Boynton Beach ("City") / Unsafe Structure of Property located at 1641 NW Is'Court,Boynton Beach, FL 33435 Pursuant to your request, we have reviewed the Ownership and Encumbrance Property Information Report("O&E") dated January 12, 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 Jermaine Frazier. 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: Jermaine Frazier (Owner) 1641 NW 0 Court Boynton Beach,FL 33435 also Jermaine Frazier (Owner) 6567 Venetian Drive Lake Worth,FL 33462 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 (00214215.1306-9001821) BOYNTON BEACH,CITY OF i 100 E BOYNTON BEACH BLVD i BOYNTON BEACH,FL 33435-3838 i Invoice/Order Number: 0000381807 Ad Cost: $1,400.00 Paid: $0.00 Balance Due: $1,400.00 Me City Boynton Beach i i �xf NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT 105/01/2018) The owner or other Weresbd parties for the structure located at 0 641 NW 1'° Court, Beach,Boynton Ft 33435},are hereby notified that the City of BoynW BecA, Florida will proceed to have i i structure, or system repaired, demolished (90 days) after the date of this Not=, if said building,structure or system is not sulmonticilly repaired,demolished or removed by that deem. Al casts incurred by the City in connection repair,wilh the demolition or removal will be assessed against the property. lf,as a result of this Notice,the buildav, structure or system is substantially repai ,demoliskec,or removed by the owrwr, notice is hereby giventhat work to abate ihe unsafeit ui building perrrits and inspections 6 code oomplionae, and all relahW fees am required priorrmireceiving certification of code complian . To request an ext ion of time,the owner should (John Kuntzrim, Deputy Building (5611 742,6376) viiihin ten (10) s of the dole of this Nake. Said request for somsion must be made in wrift to the building official. An affected owner or duly authorized t s the rio to appeal this adon Building of Adjusiment and Appeals. An application l should be filed in writing and hearing casts paid by the affected owner or duly authorized agent, at this City of Boynion Beach uildi Division Officer within J30 days) of 1he date of this Notice. The fee to aftw hearing costs sholl be established by ordinance, Page 2 of rum maim Deem rosy may Zai,PAOY Z/, 1 Page 3 of 3 The Pahn Beadi Post Palm Beach Daily News ild�ar PROOFOF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Tiffan! Everett,who on oath, says that he/she is a Legal Advertising Representative of The Palm each Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm each County, Martin County, and St. Lucie County,Florida;that the attached copy of advertising for a P- in Legal ROP was published in said newspaper on:first date of Publication 05/20/2018 and last date of Publication 05127/2018.Affiant further says that the said The Palm each Post is a newspaper published in West Palm each, in said Palm each County, Florida and that the said newspaper has heretofore been continuously published in said Palm each 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 EACH,CITY OF 100 E BOYON EACH BLVD BOYNTON EACH, FL 33435-3838 Invoice/Order Number: 0000361807 Ad Cost: $1,400.00 Paid: $0.00 Balance Due: $1,400.00 Z" Signed (Legal Advertising Agent) -77 Sworn or affirmed to,and subscribed before me,this 2P day of May,201a in Testimony whereof,I have hereunto set my hand and affixed my official seal,the day and year aforesaid. Signed •' to and ar the tste of Oh`sa Pleases Ad 0Mall owing page(s). Page 1 of 3 EXHIBIT C Pictures �� r �tg tCr tir" t 3 At gm Vii 1y"'711, xr / tet.. 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RAI 1 " xf`!- -vr .1"1 1, sp1 g std' i s P r i e � - a N QU "his �� dI AMR { � ct ^y r � k �f i �E S, Ec; sE gjj7; AnilP " EXHIBIT D 2017 Boynton Beach Administrative Amendments 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. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates.The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership.The Building Board of Adjustment and Appeals shall consist of seven members. 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.