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Minutes 03-21-18 MINUTES OF THE COMMUdfTXSTANDA1Z6S SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, MARCH 21, 2018, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Norma Loth, Community Standards Assistant 1. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:04 a.m., and explained the magistrate's role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable tote Circuit Court in Florida and not the City Commission. Also, that a fine will be imposed if the violation(s) are not corrected by the deadline. 1111. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. ROLL CALL IV. NEW BUSINESS Case Hearings Case No. 18-33 IA Boynton Beach Congress LLC Tenant: Pet Smart Property Address: 335 N Congress Ave. Type of Property: Commercial Violation(s): As stated in the Notice of Violation Assistant Fire Marshal John Moore presented the case and noted this was a safety hazard. The City recommended 15 days from the printed order for compliance, or a fine of$300 per day. Decision Based on testimony, Ms. Zalman ordered 15 days compliance as stated on the Board Order, or a fine of$300 per day. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 17- r e roperty Address: 729 can Inlet Dr. Type of Property: Single-family, non- Viol in(s): on-Violatin(s): CO CH 13 SECT 13-6 CO CH13 SECT 13-7 Business Tax Receipt LDR CH 20 SECT 20-1056 Apply for, pass and obtain Certificate of Use and Occupancy and Business Tax Receipt; remove hazardous Ficus tree Officer Cain presented the case, which was a citizen complaint. Initial notice was on 12/18/17, given 30 days to comply. Notice posted to the property and City Hall on 3/8/18; last inspection, 3/20/18. There was a safety issue. The City recommended 60 days from the printed order for compliance, or a fine of$200 per day. Ryan Finlayson, owner, said there was a powerline involved with the tree and FPL was planning to use its own contractor to trim around the powerlines before Mr. Finlayson could remove the rest of the tree. The FPL trimming was supposed to happen in approximately three weeks and it would take another week for Mr. Finlayson to remove the tree. Regarding the Business Tax Receipt, Mr. Finlayson said he had already paid for it and just needed an inspection. Decision Based on testimony, Ms. Zalman ordered 60 days compliance as stated on the Board Order. Case No. 17-1941 Jason and Vanessa Turner Property Address: 6 Cedar Cir. Violation(s): CH 15 SECT 15-120D Appearance/Maintenance - Repair Fence and side swale Officer Cain presented the case, which resulted from a routine inspection. This was not a repeat violator. Initial notice was 10/4/2017 with 30 days to comply. Certified mail receipt was signed on 2/14/18. Date of last inspection: 3/15/18; no safety hazard.. The fence repair violation was complied. The City recommended 21 days from printed order for compliance, or a fine of$50 per day. Decision Based on testimony, Ms. Zalman ordered 21 days compliance as stated on the Board Order, or a fine of$50 per day. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 17-2398 Jonel Nord Property Address: 206 NE 12 Ave. Type of Property: Multi-family Violation(s): CH 10 SECT 10-2 CH 13 SECT 13-7 and 13-16 CH 15 SECT 15-120D CH 10 SECT 10-56B Please mow and trim overgrown vegetation; apply for, pass an inspection and obtain a Certificate of Use and Occupancy; obtain a Business Tax Receipt; install 4" house number on exterior that must be visible from the street; repair damaged driveway Officer Cain presented the case, which resulted from a routine inspection. Not a repeat violator. Initial Notice was on 1/18/17 with 30 days to comply; notice posted on the property and City all on 2/13/18; property last inspected on 3/20/18. There are health and safety hazards. The City recommended 15 days from printed order for compliance, or a fine of$50 per day. Jonel Nord, owner, said he had already applied for the Business Tax Receipt. He had also applied for a permit to repair the driveway. Mr. or stated he had taken care of the overgrowth, repaired the fence and bought the house numbers. Officer Cain confirmed that the overgrowth violation was in compliance. Decision as on testimony, Ms. Zalman ordered 30 days compliance as stated on the Board Order. Case No. 17-2563 Charles Dumaine and Louis Duminson Property Address: 124 SW 10 Ave. Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SECT 15-121 D1 Please remove rear end of U-Haul box truck from property Officer Hart presented the case, which was a citizen complaint. Initial written Notice was 12/18/17 with 10 day given to comply. Certified mail green card was signed on 3/1/18. Officer Hart had met with the owner and the Building Official and he had determined that per the square footage, a permit would be needed to permit this as a shed. The owner had decided tot to permit the truck but no drawings had been submitted yet. Last inspection was 3/20/18. The City recommended 30 days from printed order for compliance, or a fine of$100 per day. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 MESM-_ Charles Durnalne, owner, said he had someone working on plans. Decision as on testimony, Ms. Zalman ordered 30 days compliance as stated on the Board Order, or a fine of$100 per day. Fine Certification Hearings Case No. 17-700 Swallow 7 LLC Property Address: 91 NW 28 Ave. Violation(s): FBC 2014 SECT 105.1 CO CH 10 SECT 1056C Permits required for all construction being performed; maintain pool in a clean and sanitary condition Officer Weixler presented the case. The Magistrate hearing was on 9/20/17 and no one had appeared. Compliance date given was 10/20/17 or $50 per day. Property last inspected on 3/19/18 and the violations still exist. 153 days of non-compliance and the fines were continuing to accrue, plus $730.15 in administrative fees, for a total of $8,380.15. Officer Weixler stated the following alterations had been made without a permit: windows replaced, elevations changed, all changed, mechanical equipment changed and roof replaced. The pool was black and neighbors had complained of mosquitoes and vermin. He presented photos into evidence. Officer Weixler explained that a permit application had been submitted in June 2017 and was still in plan check. All the work was being completed in the meantime. Ealina Windsor, owner, said they had purchased the house last April and after being cited, she had paid the general contractor $5,000 to apply for permits but he had not done so and she had completed the paperwork herself. Ms. Windsor said as of 2/2/18, some permits had been ready for pickup, but she had to wait for all permits to be approved. Marvin Windsor, owner, said the architect was supposed to take care of the permit applications but he had not. Ms. Windsor said the architect had submitted revised plans the previous day. The City recommended tabling the case. Decision Based on testimony, Ms. Zalman tabled the case until April 18, 2018. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 17-1137 Eritane and Larnatine Lajeune Property Address: 60 South Atlantic Dr. Violation(s): CH 10 SECT 10-52 CH 15 SECT 15-120D Please install sod in yard; remove all trash and debris from Yard; repair driveway. Officer Scott presented the case. The Magistrate hearing was on 9/20/17 and the respondent had appeared. Compliance date given was 11/4/17 or $50 per day. Property last inspected on 3/14/18 when the violations were complied. 127 days of non- compliance plus $634.12 in administrative fees, for a total of $6,984.12. Officer Scott recommended imposing the administration fees only. Larnatine Lejeune, owner, said the delay in compliance had been caused by a lack of money. Decision Based on testimony, Ms. Zalman imposed $634.12 for administrative fees only. Lien Reduction Hearings Case No. 15-2353 Drearnhouse LLC Property Address: 1414 N Seacrest Blvd. Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was 10/2/15. Magistrate hearing was 12/16/1 and no one had appeared. Compliance date given was 1/15/16, or $100 per day. Date complied: 11/6117. 660 days of non-compliance at $100 per day, for a total fine of $66,000, plus administrative fees. Nan Bo1z, Esq., attorney for owners, stated there had been laundry she behind the house when her client purchased the house. Ever since the property was cited, they had been trying to comply. Ms. Bolz said at every inspection, something else that needed to be done was brought up; the lawn needed to be mowed and sod replaced; a water heater had been cited and the fence had been replaced. Ms. of said her client had spent almost $50,000 in upgrading the property. Officer Pierre acknowledged that the owner had done any things to apply for lien reduction and asked Ms. Zalman to consider that. Ms. Boles provided receipts for the work one at the property, as well as "before' and 'after' photos. Decision Based on testimony, Ms. Zalman reduced the fine to $3,500 is administrative costs for a total of 4,230.15. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 16-5 Jean Baptiste Jean Pedro Property Address: 2541 N. Seacrest Blvd. Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation: 1/4/16. Magistrate hearing was on 2/17/16, no one had appeared. Compliance date given was 2/27/16, or $250 per day. Date complied: 2/20/18. 751 days of non-compliance at $100 per day, for a total fine of$187,750, plus the administrative fee. Jean Jean Baptiste, owner, stated he had been away from his family and the home for more than 26 months. He had begun working on the violations in June but needed to borrow money for the work. He asked Ms. Zalman to "help me dig out of the hole." Officer Pierre suggested the same reduction as for the previous cases. Mr. Baptiste stated he was leasing the property out now. Decision Based on testimony, Ms. Zalman reduced the fine to $2,000 plus $730.15 administrative costs. Mr. Baptiste said he had just paid off a $1,250 water bill from a prior owner earlier in the day. Ms. Zalman reduced the fines her, to a total of $1,630.16, including administrative costs. Case Hearings Case No. 18-05 Douglas Feeley Property Address: 331 N E 24 Ave. Violation(s): As noted in the Notice of Violations Officer Cain presented the case, and said there were no safety issues. The City recommended 10 days from printed order for compliance, or a fine of $25 per day, plus a second order to have the vehicle towed after the 10 days. Decision as on testimony, Ms. Zalman ordered 10 days compliance as stated on the Board Order, or a fine of$25 per day and ordered the vehicle towed after 10 days. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 18-131 McCabe Development LLC Property Address: 3025 N. Federal Hwy. Type of Property: Commercial Violation(s): As noted in the Notice of Violation Officer Hart presented the case. Notice posted to the property and it all on 3/9/18. The City recommended 15 days from the printed order for compliance, or a fine of $100 per day. Decision Based on testimony, Ms. Zalman ordered 15 as compliance as stated on the Board Order, or a fine of$100 per day. Case No. 17-1470 Kenneth and Pearl Moore Property Address: 1690 NW 3 L . Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Guim presented the case, and said certified mail had been accepted on 1/29/18. There was not a safety issue. The City recommended 20 days from printed order for compliance, or a fine of$50 per day. Decision Based on testimony, Ms. Zalman ordered 20 days compliance as stated on the Board Order, or a fine of$50 per day. Fine Certification Hearings Case No. 17-980 Fritz Fortuna Property Address: 141 SW 7 Ave. Type of Property: Single-family Violation(s): FBC 2014 105.1 Building permit required for garage conversion Officer WeixIer presented the case. Notice of violation was 6/12/17. Magistrate hearing was November on 10/18/17 and the respondent had appeared. Compliance date given was 12/11/17, or $50 per day. Property complied as of 3/3/18. 137 days of non- compliance, is administrative fees of $730.15 for a total of $7,580.15. Officer Weixler had not her from the owner since June 2017 when he had promised to apply for the permit immediately. Decision Based on testimony, Ms. Zalman certified the lien for$7,580.15. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 Case No. 17-1643 Paul Felimise and Jean Souverain Property Address: 112 SW 14 Ave. Violation(s): CO CH 13 SECT 13-7 CH 10 SECT 1052 CH 15 SECT 15-120D Renting without a Certificate of Use and Business Tax Receipt; inoperable vehicle; outside storage, trash and debris Officer Weixler presented the case. Magistrate hearing was on November 1/17/18 and the respondent had not appeared. Compliance date given was 2/8/18, or $200 per day. Last inspection was on 3/20/18 and the violations still existed. 41 days of non- compliance at $200 per day plus administrative fees of$730.15 for a total of$8,930.15. Decision Based on testimony, Ms. Zal certified the lien for$8,930.15. Case No. 17-2059 Boynton Partners LLC Property Address: 600 SW 1 St. Violation(s): CO CH 13 SECT 13-7 CH 13 ART 1 SECT 13-16 Renting without a Certificate of Use and Business Tax Receipt Officer Weixier presented the case. Notice of Violation date was 10/18/17. Magistrate hearing was on November 1/17/18 and the respondent had not appeared. Compliance date given was 2/8/18, or $250 per day. Last inspection was on 3/20/18 and the violations still existed. 41 days of non-compliance at $250 per day plus administrative fees of$730.15 for a total of$10,980.15. Decision Based on testimony, Ms. Zalman certified the lien for $10,980.15, Case No. 17-1791 John Loudin Property Address: 2991 Ocean Pkwy. Violation(s): CH 15 SECT 15-120D CH 10 SECT 10-56D Remove all outside storage from property; mow and trim all overgrowth, including trees blocking front door; install house number at least 4" tall on front of structure to be visible from street Officer Cain presented the case. Notice of Violation date was 10/6/18. Magistrate hearing was on November 1/17/18 and the respondent had not appeared. Fine was Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 $50 per day. Last inspection was on 3/15/18 and the violations still existed. 36 days of non-compliance at $50 per day and fines were continuing to accrue, plus administrative fees of$730.15 for a total of$2,530.15. Decision Based on testimony, Ms. Zalman certified the lien for$2,530.15. Case No. 17-1642 Rosmene Vincent Property Address: 109 SE 29 Ave. Violation(s): CH 13 SECT 13-16 Renting it a Certificate of Use and Business Tax Receipt Officer Cain presented the case. Notice of Violation date was 9/2/178. Magistrate hearing was on November 10/18/17 and the respondent had not appeared. Compliance date given was 11/25/17, or $50 per day plus administrative fees. Last inspection was on 3/20/18 and the violation still existed. 479 days of non-compliance at $50 per day plus administrative fees of$634.12 for a total of$24,584.12. Decision Based on testimony, Ms. Zal certified the lien for $24,584.12. Case No. 17-913 Katherine and Waters Bradley Property Address: 128 SW 11 Ave. Officer Hart requested tabling the case for 60 days. He explained the homeowner was suffering from cancer and he had not heard from her recently. He was unsure if the roof had been repaired. Decision Ms. Zalman tabled the case for 80 days. 11. CHANGES TO THE AGENDA Item Case No. Status 3 17-254 Complied 4 17-266 Complied 5 17-2036 Removed for 60 days 7 18-222 Complied 9 18-288 Complied 10 17-1325 Removed for 30 days 11 17-1541 Removed for 60 days 12 17-1915 Removed for 30 days Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida MARCH 21, 2018 14 17-2054 Closed 17 17-2330 Complied 21 17-1511 Removed for 30 days 30 17-893 Removed for 30 days 2 18-153 Complied 6 17-2405 Complied IV. ADJOURNMENT Ms. al an concluded the hearing at 10:23 a.m. Page 10