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Minutes 06-20-18 MINUTES OF THE COMMUNITY STANDAR13S SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JUNE 20, 2018, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Assistant 1. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 a.m., and explained the magistrate's role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the 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. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify, ROLL CALL Ill. CHANGES TO THE AGENDA Item Case No. Status 5 18-468 Complied 8 14-494 Complied 10 17-1913 Removed to July 18, 2018 11 17-2036 Complied 12 18-331 Removed for her investigation 13 18-348 Removed to July 18, 2018 14 18-536 Removed to July 18, 2018 16 18-651 Complied 19 18-722 Complied 21 18-729 Complied 23 18-739 Complied 24 18-909 Removed to July 18, 2018 25 18-1009 Removed to July 18, 2018 27 17-1325 Complied 28 18-58 Complied Meeting i Community t Special Magistrate Hearings Boynton I i 1 Item Case No. Status 30 1 -2020 Complied 1 17-2371 Removed to July 18, 2018 32 17-2382 Removed to September 1 , 201 33 17-2404 Complied. 34 18-127 Removed to July 18, 2018 35 18-229 ove to July 18, 201 6 18-231 Removed to July 18, 201 1 18-507 Complied 42 18-517 Removed to July 18, 2018 43 18-595 o lied 44 18-645 ove to July 18, 201 45 18-648 Removedto July 18, 201 46 18-649 emoved to July 18, 2018 47 18-709 oved to July 18, 201 1 1 -2025 Removed to July 18, 201 57 17-1624 Removed to July 18, 2018 64 17-893 Removed to September 19, 2018 IV. NEW BUSINESS Fine i is i Case . 17-2233 Robert V Devore Property res : 115 SE 8th Ave Violation(s): LDR CH 2 ART 4 SECT 282 Obtain required ili permits for unpermitted structures and work done on property. Officer Weixler presented the case. Notice of violation date October 27, 2017. The Magistrate hearing was on February21, 2018, and Robert Devore appeared. Compliance ate given was April 4, 2018, or$100 per day. Property last inspected on June 1 , 2018, violation still exists. 78 days of non-compliance it fines 100 per day, plus four inspections and administrative fees o 34.12, for a total of $8,434.12. At the last inspection, the owner allowed Officer Weixler to take pictures for the first time of the violation in the back yard, asking Officer Weixler to submit the pictures to show the owner is attempting to comply. owner,Robert Devore, stated the purpose for the structures are for his handicapped son's protection from the sun and pool therapy. Mr. Devore listed the expenses involve for ongoing care of his son. The shed was on the property line when purchased in 2011. Because f the time restrictions in providing full-time care, has not had time to do the work required to apply for the permits. Requests additional time. Officer Weixier clarified that the first step is to get permits which requires survey to show where structures are Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 located. Then the building permits with requirements follow. A City Inspector and the Building Department should become involved; City has no objection to additional time being provided. Decision Based on testimony, Ms. Zalman amended original order for 120 days additional time to work with the City to bring into compliance and will stop fine accruing. Case Hearings Case No. 18-328 La Florence at Renaissance Cmn Property Address: 1700 La Florence Circle E Club Type of Property: Multi-family Violation(s): NFPA 1 CH 13.3.3.2 Outdated fire backload certifications, outdated fire sprinkler gauges NFPA 1 CH 13.3.1.2 Needing physical protection for Fire Department Connections NFPA 1 CH 13.1.4 Provide access to Fire Department sprinkler valves and Fire Department Connections Assistant Fire Marshal John Moore presented the case, which was a routine inspection. Initial notice was July 19, 2017, via written notice. Twenty-eight days were given to comply. which was a routine inspection performed July 19, 2018. Not a repeat violator. Notice sent Certified Mail May 3, 2018. Four re-inspections on property, one violations in relation to protection for FDCs was cited January 2017. Last inspection May 2, 2018. This is a safety hazard, City recommends 15 days from the printer order for compliance, or a fine of $300 per day. All items should easily comply within that time, the physical protection for the FDCs will require a paid permit application for which compliance will take longer. Representatives appeared, but no one authorized to speak on behalf of the Owner (per affidavit)was present. Ms. Zalman accepted the City's recommendation, stipulating that the violations be itemized on the order. Decision Based on testimony, Ms. Zalman ordered 15 days compliance as stated on the or Order, or a fine of$300 per day. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 REENINISEEMEME Case No. 18-17 Malluco LLC Property Address: 2623 S Seacrest Blvd Unit 118 Type of Property: Commercial Violation(s): LDR CH 2 ART 4 SECT 282 Obtain permits for interior wall construction, no permits to modify existing room into two rooms. Suite 118 is noted in notice of Red Tag attached by Robert Cody. Officer Hart presented the case, which was a citizen complaint. Initial inspection was January 3, 2018. Initial notice was January 10, 2018 via written notice. Thirty days given to comply. Notice sent Certified Mail on May 4, 2018, signed Green Card dated May 10, 2018. Plans have been in is Check for wall demo and comments have been ready for pickup since February 13, 2018. Contact was made by property management company about obtaining the permits as tenant has not taken any action. New permits not applied for, current permits have not moved forward. Property last inspected on June 19, 2018. The City recommended 15 days from the printed order for compliance, or a fine of$50 per day plus in fees. Deputy Building Official is present. Decision As no one was present to testify on behalf of the owner, Ms. Zalman ordered 15 days compliance as stated on the or Order, or a fine of$50 per day. Case No. 17-1157 Polonio LLC Property Address: 227 SW 2nd Ave Type of Property: Multi-family, duplex Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Apply for and pass inspection for Certificate of Use and Occupancy, and Business Tax Receipt for both the property rental and Aftermath Management LLC, the Adult Congregate Living Facility without Nursing Care residing there. Officer Weixler presented the case, which was a citizen complaint. Initial inspection date June 29, 2017. Not a repeat violator. Initial written notice was June 29, 2017. Ten days were given to comply, extended to thirty days on November 6, 2017. Removed from the February 21, 2018, hearing and tabled to April 18, 2018 (60-day extension). Date notice sent Certified Mail April 20, 2018. Received signed green card dated April 26, 2018. Date notice sent regular mail was June 29, 2017. Polonio passed inspection for COU/BTR property rental on May 25, 2018. Aftermath Management LLC still does not have a COU/BTR for the Adult Congregate Living without a Nurse. Date property last inspected was June 19, 2018. City recommended 15 days from printed order for compliance, or $100 a day. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Daniel Zejerman, one of the directors of Polonio, LLC, stated the use of the property is not as a group home, but more has a short-term rental per contact with Zoning and clerk for business tax. Owner feels business tax application of tenant was miscategorized and should be properly categorized as short-term rental. If approved, there should be no violation. Officer Weixler related the situation on first inspection as the tenant was subletting the rooms, is is not allowed. The COU/BTR for the group home/ congregate living was rescinded when Officer Weixler brought this to City's attention and is not allowed at this time, contrary to what Mr. Zejerman just testified. Fenjy Duval, owner of Aftermath Management, LLC., contacted FARR after last hearing, and had interview over the phone, and was told the same thing as what Mr. Zejerman testified. Ms. Zalman recommended a meeting with the City to ascertain the appropriate license(s)and whether it is applicable to this property. Decision as on testimony, Ms. Zalman ordered 30 days compliance as stated on the Board Order, or a fine of$100 per day, and stressed this matter be resolved. Case No. 18-708 Schneldine & Eric St Aude Property Address: 215 SW 1St St, Unit 17 Type of Property: Multi-family, duplex Violation(s): CO CH 15 SECT 15-120D INCL LDR CH 2 ART 4 SECT 282 CO CH 10 SECT 10-56D Building permit required for fence. Remove all outside storage, trash, and debris. Mow and trim all overgrowth. Address number to be installed. Sod to be installed. Officer Weixler presented the case. Initial inspection date March 15, 2018. Not a repeat violator. Initial written notice was March 15, 2018. Inspected June 19, 2018, address numbers complied, all other violations still exist. City recommended 30 days from printed order for compliance, or$75 a day. Decision As no one was present to testify, Ms. Zal ordered 30 days compliance as stated on the Board Order, or a fine of$75 per day. Case ® 17-1990 Good Samaritan Alliance Church Property Address: 425 NE10th' Ave Type of Property: Commercial Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 MMMMMW==WMfflMMMMEWMM==_ Parking lot work being performed, grading base right. Installing insulation which requires approvals and permits from Zoning, Engineering, and Building Departments as noted in Red Tag dated October 6, 2017. Officer Guillaume presented the case, Red Tag by Building Department. Initial inspection date October 11, 2017. Thirty days were given to comply. Signed green card dated May 23, 2018. City recommended 90 days from printed order for compliance, or $100 a day plus administrative fee. Ms. Zalman ascertained that the work has been done, but there is no permit application. Decision As no one was present to testify, Ms. Zalman ordered 90 days compliance as stated on the or Order, or a fine of$100 per day. Case No. 18-561 Wells Fargo Bank NA Property Address: 218 SW 6 th St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SECT 13-7 INCL CO CH 13 SECT 13-16 CO CH 15 SECT 15-120D INCL CO CH 10 SECT 10-16133 Apply for and pass inspection for Certificate of Use and Business Tax Receipt. Remove all trash and debris. Remove hurricane shutters. Porch in disrepair, possible life safety issue. Officer Weixler presented the case, which was a routine inspection. Initial inspection date March 5, 2018. Courtesy notice sent on March 5, 2018. Ten days initially given to comply. Date notice sent Certified Mail May 17, 2018. Received signed green card dated May 22, 2018. Home is vacant, so COU/BTR has been removed. Trash and debris has been removed. No longer concerned about removing shutters; however, porch needs to be repaired as potential life safety hazard to neighborhood. City recommended 15 days from printed order for compliance, or$100 a day. Thomas Flanagan, attorney Wells Fargo, not contesting photo of porch, though today is the first time learning of this, so is asking for 30 days additional time to comply. Ms. Zalman found it disturbing that Bank had not covered with hazard tape or signs to not enter. Mr. Flanagan noted the Bank is in the process of getting property ready for sale. Ms. Zalman is ordering within 7 days some sort of signage or tape announcing safety issues be posted to prevent public or realtors to walk up steps. If done, 25 days will be given to comply. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Decision Based on testimony and as noted above for safety precautions, Ms. Zalman ordered 25 days compliance as stated on the Board Order, or a fine of$100 per day. Case No. 18-727 James and Rose M Valcourt Property Address: 435 SW 5th Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SECT 10-52 CO CH 15 Inoperative vehicle contrary to City Code, current tag must be on vehicle at all times. Remove vehicle or register it. Officer Weixler presented the case, which was a routine inspection. Initial inspection date March '16, 2018. Not a repeat violator. Courtesy notice sent on March 16, 2018. Fifteen days initially given to comply. Property posted on June 8, 2018, two vehicles still exist. Photos of vehicles shown to owners and then Ms. Zalman. City recommended 15 days from printed order for compliance, or $50 a day. James and Rose Valcourt, owners, stated after receiving the letter a tag was put on the car and that was it. Ms. Zalman stated the red car is operable and cannot be sifting in front of property (code violation). Mr. Valcourt understood he only had to put the to on black car, which was done, was not aware of the red car also needing tag or be removed. Decision Based on testimony, Ms. Zalman ordered 15 days compliance as stated on the Board Order, or a fine of$50 per day. Case No. 18-376 Charlene N Stimely Property Address: 2553 SW loth Court Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SECT 15-120D INCL CO CH 10 SECT 10-56C CO CH 10 SECT 10- Clean pool and pool in sanitary conditions. Repair pool enclosure. Remove trash and debris. Remove all overgrowth and trim overgrown vegetation. Repair or removed dilapidated fence. Officer Guim presented the case, which was a citizen complaint. Initial inspection date February 14, 2018. Not a repeat violator. Notice sent via Certified Mail May 7, 2018, signed green card May 25, 2018. This is a health and safety hazard. Date last inspected Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 209 2018 MMEMMMEEMEENEENMEM June 15, 2018. City recommended 15 days from printed order for compliance, or$100 a day. Desiree Shores, daughter of owner, presented letter giving permission to testify. Ms. Zalman noted an affidavit is required, so could not allow testimony. However, due to notification that owner is ill, compliance will be extended. Ms. Zalman noted that the condition of the pool area as shown in the pictures could easily be brought into compliance by a pool company. Decision Based 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. 17-584 TRU 2005 RE I LLC Property Address: 601 N Congress Ave Type of Property: Commercial Violation(s): LDR CH 4 ART 2 SECT 4A1 3 LDR CH 4 ART 2 SECT 11 Bring parking lot and landscape site plan back to original design as on file with City. Officer Hart presented the case. Notice of violation date April 7, 2017. The Magistrate hearing was on January 17, 2018, and no one had appeared. Compliance date given was March 30, 2018, or $100 per day plus admin fees. Property last inspected on June 19, 2018, violations still exist. 83 days of non-compliance with fines of$100 per day, plus administrative fees of $730.15, for a total of $9,030.15. Current code compliance issue is the parking lot needs to be resealed, there is some dead vegetation, and the business is quite overgrown as well. Steven Waxman, Exec. Dir. Toys R Us, sited a convoluted ownership structure and presented paperwork to support his testimony. Mr. Waxman gave a history of the property in question. Work was underway until Toys R Us filed Chapter 11 bankruptcy in September 2017, but continued to proceed with achieving compliance. Sent out for bids in November, in December budgeted $250,000 for 2018 (FY February-January). Started closing stores in January, but Boynton each was not one of those stores. Applied for an extension in February, supplying additional plans for improvements and landscaping. However, in March, company decided to liquidate all assets and filed for bankruptcy. The property is currently being marketed. Mr. Waxman asked for a deferment to bring back to code until a new property owner is determined and the intentions for the site become known. Agrees that vegetation does need attention, and will take immediate action to cut the grass and cut back bushes, remove debris and shopping carts, etc. Mr. Woods noted Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 that if indeed the property is in bankruptcy, the fine will be stayed; however, will take up Mr. Waxman's offer to clean up the property in the interim. City recommended the fine not be certified today, but will stand on its own merits at time of resale. Decision Based on testimony, Ms. Zalman ordered the fine not be certified so the City will not be barred from further collection efforts. The order itself and compliance date stand and will be addressed at a later date. Case No. 16-56 Gertrude Belizaire Property Address: 616 NE 2nd St Type of Property- Multi-family, duplex Violation(s): CO CH 10 SECT 10-56B CO CH 10 SECT 10-56D CO CH 10 SECT 10-56E CO CH 15 SECT 15-120D INCL CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 CO CH 10 SECT 1 - Fix leak in roof. Repair ceiling, repair toilet seat, repair bathroom exhaust fan, remove bars off windows, repair hole in all. All interior doors must remove deadbolts. Kitchen cabinets need repair. Repair refrigerator. Closet doors must be installed. Bathroom sink not attached. Screens must be in all windows. Repair and paint house and fascia. Seal front door. Sod all barriers of yard. Apply for and pass Business Tax Receipt and Certificate of Use and Occupancy for the rental property. Repair fence. Remove outside storage, trash, and debris. Repair and restripe parking area. Officer Hart presented the case. Notice of violation date January 6, 2016. The Magistrate hearing was on July 30, 2016, and Wrenstein Jean Baptist appeared. Compliance date given was October 18, 2016, or $400 per day plus admin fees. Property last inspected on June 19, 2018, all violations have closed or complied. 701 days of non-compliance with fines of$400 per day, plus administrative fees of$730.15, for a total of$281,130.15. When originally taken to Magistrate, there were circumstances not presented to the City and Mr. Jean Baptist can testify to those. Wrenstein Jean Baptist, Power of Attorney for owner, appeared. Officer Hart stated Mr. Jean Baptist lives at the property; it is no longer rental and there are no plans to have tenants. Background on the case was given; owner of property is in a vegetative state and in order for Mr. Jean Baptist to get any funds a long legal process must occur, which Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 has caused the compliance to take longer than expected. Officer Hart verified that Mr. Jean Baptist has been diligent in getting everything done. City recommends not certifying the fine, with the exception of the administrative fees. Decision Based on testimony, Ms. Zalman ordered the fine waived except for administrative fees of$730.15. Case No. 17-1964 Iris Matias Property Address: 451 W Ocean Ave Type of Property: Violation(s): LDR CH 2 ART 4 SECT 2.A.2. CO CH 13 SECT 13-16 CO CH 13 SECT 17-7 INCL CO CH 15 SECT 15-120D INCL Remove unsafe electrical (Red Tag from Building Dept.). Certificate of Use and Business Tax Receipt required. Property overgrown. Building permit required for addition of efficiency living quarters. Officer Weixler presented the case. Notice of violation date October 5, 2017. The Magistrate hearing was on January 17, 2018, and Iris Matis appeared. Compliance date given was February 27, 2018, or$200 per day plus admin fees. Property last inspected on June 19, 2018, violations still exist. 113 days of non-compliance with fines of $200 per day, plus administrative fees of$730.15 and five inspections, for a total of$23,330.15. Officer Weixler stated Ms. Matis presented a copy of her testimony for this hearing. Ms. Zalman asked about the electrical safety issue. Officer Weixler had gone with Electrical Inspector from Building Department, who put a Red Tag at the time because the electrical was still connected to the pole, FPL had not shut off power. There was squatting in the residence as long as the power was on, there was no COU/BTR at the time. Ms. Matis contacted FPL who saw the damage from the storm and disconnected the electrical power from the pole. Iris Matias, owner, appeared. Ms. Zalman read the following into the record: My name is Iris Matias. I live with my family at 324 SW 2nd Ave., Boynton each, Florida 33435. This communication is in reference to the property located at 451 W Ocean Ave., Boynton each, Florida. First and foremost, I wish to thank you and others for your time and attention to this matter. The property in question is presently not occupied and it has been vacant for several months now. On September 12, 2017, FPL determined that my property at W Ocean Avenue was not safe for occupancy. The reason for that determination was because the electrical system had been severely damaged during Hurricane Irma. Therefore, power cannot be restored at the property until an electrical contractor did the Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 necessary work. These contractors have been in communication with the City's inspectors. Meanwhile, I have gotten several proposal estimates stating the damage and the cost of repairs. The amount of money to oversee the project fluctuates between $3,000 and $3,500. The deductible from the homeowner's insurance is $8,000, and because it exceeds the estimated cost of repairs, there is no claim to be made for damages. I do not have the funds to pay for the work. In spite of my efforts to secure financing to get the work done, I have not been successful. The main reason for the lack of help is that 451 W Ocean Avenue is an investment property, therefore, there is absolutely no help anywhere available for this type of [unintelligible], nor is there any help available for people like me who own this type of property. Today my family and I are going a difficult time financially, due primarily to some severe health issues and the lack of enough income to meet even our most basic needs. As a family we are considering several options geared primarily to improve our present situation, but it will take time. I am a senior citizen, a resident in good standing of this community. For over 40 years I have lived, worked, and raised by family in the City of Boynton each. I have a good relationship with all my neighbors and their properties are always well- maintained. I feel that it is my obligation to also do the same. My house does not have the appearance of being vacant or unattended. There is always a vehicle parked in the carport to help prevent vandalism. My daughter and I visit the property every week to take care of what's necessary. Today I come before you to assure you that my intention is not to disregard your authority, but to appeal to you to consider giving me more time to resolve this matter. Sincerely, Iris Matis Ms. Zal asked if there is any cause to have a notice on the property of a potential life safety issue? Officer Weixler stated if someone were to enter the backyard and FPIL for some reason turned on the power, the mast is totally down. But that is the only issue. Owner should lock the gate and put up some kind of hazard tape. Ms. Matis stated that FPL had cut the lines and there is no power coming in that area. When asked for a further statement, Ms. Matias repeated that the insurance will not cover the damage and has no funds to make repairs; also, daughter was in accident, is currently handicapped, and cannot work, so there is no income except for Ms. Matais's Social Security. Decision Based on testimony, Ms. Zalman certified the fine to $11,300 plus administrative fees of $730.15. Case No. 17-2304 South Florida Property Property Address: 200 Knuth Rd Unit 244 Type of Property: Violation(s): LIDR CH 2 ART 4 SECT 2.2.A.2 Unit 244 was divided into two spaces without a permit. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Officer Weixler presented the case. Notice of violation date over 11, 2017. The Magistrate hearing was on February 21, 2018, and Warren Izard appeared. Compliance date given was April 19, 2018, or $100 per day plus admin fees. Property last inspected on June 19, 2018, violations still exist. 63 days of non-compliance with fines of$100 per day, plus administrative fees of$634.12, for a total of$6,934.12. Warren lzard, owner, stated evidence was presented of February 21, 2018, with regard to the office in question not being the office that was inspected. An order was submitted on March 5, 2018, to provide 45 days for compliance. On March 12, Mr. Izard was in a severe accident (presented letters from doctors and medical reports). On April 23, an email was sent to Office Hart with regard to the accident and requesting a 45 day extension to provide the as-built plans as requested at last hearing. Shane Kittendorf was also contacted. Mr. Izard has as-built plans to submit per order of last hearing. Some discussion followed as to the next steps. A copy of the plans must be submitted to the Building Department to apply for necessary permits. Decision Based on testimony, Ms. Zalman tabled this item for 60 days. Case No. 17-2433 Duane S Sr& Faith D Cyr Property Address: 134 SE Stn Ave Type of Property: Violation(s): CO CH 13 SECT 13-7 INCL COC 13 SECT 13-16 CO CH 15 SECT 15-120D INCL Certificate of Use and Business Tax Receipt required for rental. Remove all outside storage, trash, and debris. Officer Weixler presented the case. Notice of violation date December 1, 2017. The Magistrate hearing was on February 21, 2018, and no one appeared. Compliance date given was March 20, 2018, or $50 per day plus admin fees. Property last inspected on June 19, 2018, only violation remaining is COU/BTR. 93 days of non-compliance with fines of$50 per day, plus administrative fees of$730.15, for a total of $5,380.15. Duane Cyr, Jr, son of owner, appeared with signed affidavit to testify, and stated the letter of this case was received from renter the day before, was not aware of any of this until that time. Has a rental management company and assumed complete compliance for COU/BTR, but will take care of this right away. Correct mailing addresses for owner and representative were given. City had no objections to table case to July 18, 2018. Decision Based on testimony, Ms. Zalman tabled the case to July 18, 2018. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Case No. 17-613 Josephine Daffin Property Address: 315 NW 10th Ave Type of Property: Violation(s): CO CH 10 SECT 10-52 CO CH 15 SECT 15-120D INCL CO CH 15 SECT 15-120E INCL CO CH 10 SECT 10-56E CO CH 10 SECT 10-59D CO CH 10 SECT 10-59E CO CH 10 SECT 10-60B Remove all inoperable, unregistered vehicles from property. Sod all areas of yard visible from city street. Repair/replace all broken windows. Repair/replace all missing window screens. Remove grates and shutters from windows to allow property egress. Remove all materials stored outside, as well as trash and debris. Repair missing and broken all. Repair all broken electrical facilities. Repair broken tile in bathroom. Ceiling fan must properly be installed. Officer Hart presented the case. Notice of violation date April 13, 2017. The Magistrate hearing was on January 17, 2018, and Mrs. in appeared but had to leave before testifying. Compliance date given was March 30, 2018, or$250 per day plus admin fees. Property last inspected on June 19, 2018, some violations still exist. 83 days of non- compliance with fines of $250 per day, plus administrative fees of$730.15, for a total of $21,480.15. Violations still existing are the inoperable vehicle (owner to explain); one window glass and tile in bathroom. Electrical issues are resolved. Josephine Daffin, owner, stated the vehicle belongs to son who is in prison until the end of the year, so the car is in backyard and covered. The tile in bathroom to be done by other son who works full time and has been doing the other repairs. The window will also be fixed by the weekend. City has no objections for granting more time to finish work. However, car must be tagged or removed as it is in violation. Decision Based on testimony, Ms. Zalman tabled the case to July 18, 2018. Case No. 18-131 McCabe Development LLC Property Address: 3025 N Federal Hwy Type of Property- Commercial Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 INCL CO CH 15 SECT 15-120D INCL Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Apply for and pass inspection to obtain Certificate of Use. Obtain Business Tax Receipt. Mow, trim, and de-weed all overgrowth. Remove all outside storage as well as trash and debris. Officer Hart presented the case. Notice of violation date January 29, 2018. The Magistrate hearing was on March 21, 2018, and no one appeared. Compliance date given was April 19, 2018, or $50 per day plus admin fees. Property last inspected on June 19, 2018, all violations still exist. 63 days of non-compliance with fines of $50 per day, plus administrative fees of $730.15, for a total of $3,880.15. A resident is also present who wishes to testify. Eric McCabe, owner, stated the property was purchased as a non-conforming commercial property, 53 feet wide. Have been working with City to do complete demolition to proceed with new structure, however, there are issues with the parking to comply with City standards, basically leaving room for a structure only 8 feet wide. Has proposed to clean up the property while in transition of deciding what to do with property. Decision Based on testimony, Ms. Zalman certified a fine of$2,500 plus admin costs of$730.15. [Ms. Zalman called a thirteen-minute recess, reconvened 11:08 a.m.] Case No. 17-1470 Kenneth & Pearl Moore Property Address: 1690 NW 3rd Lane Type of Property: Single Family Violation(s): CO CH 15 SECT 15-120D INCL CO CH 10 SECT 10-2 CO CH 10 SECT 10-52 CO CH 10 SECT 10-56D Remove all outside storage as well as trash and debris. Remove inoperable vehicle from property. Cut overgrown lawn areas. Install new sod. Place numbers on property to be visible from City street. Repair fascia. Officer Guim presented the case. Notice of violation date October 4, 2017. The Magistrate hearing was on March 21, 2018, and no one appeared. Compliance date given was April 25, 2018, or $50 per day plus admin fees. Property last inspected on June 19, 2018, all violations have complied. 51 days of non-compliance with fines of$50 per day, plus administrative fees of $634.12, for a total of $3,184.12. There was consistent communication with respondent, it was just a matter of finances to pay for repairs. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Kenneth Moore, owner, stated earlier compliance was due to lack of funds. Tried to do the or personally, but two deaths in family set back as there was no insurance for some of the funeral expenses. Mr. Moore tapped 401 k savings to take care of all expenses. Decision Based on testimony, Ms. Zalman waived the fine, only charging admin costs of$334.15. Case Hearing Case No. 18-253 Kenneth & Pearl Moore Property Address: 1690 NW 3rd Lane Type of Property: Single Family Violation(s): CO CH 15 SECT 15-120D INCL Please repair fence or removed it. Officer Cain presented the case, is was a routine inspection. Initial inspection date February 7, 2018. Not a repeat violator. Notice sent via door hanger February 7, 2018. Thirty days were given to comply. Notice sent Certified Mail May 10, 2018, green card dated May 18, 2018. Date last inspected June 19, 2018, violation still exists. City recommended 15 days from printed order for compliance, or$50 a day. Healt hand safety concerns over fence damage being across the street from Rec Center/ lay round. Kenneth Moore, owner, stated fence damage was from an accident. Insurance company only wanted to give $60 to repair the damage. This is second accident same place this year. Has to get an estimate to get the $60, waiting until damage is assessed. Will work with insurance estimator right away. Decision Based on testimony, Ms. Zalman ordered 15 days from date of printed order at$50 a day. Fine Certification Hearing Case No. 17-1513 MF Assoc Commerce Park LLC Property Address: 2901 Commerce Park Dr Type of Property: Commercial Violation(s): LDR CH 4 ART 2 SECT 4.8.13 LDR CH 4 ART 3 SECT 11 Resurface and restripe parking lot. Replace or repair dumpster enclosure. Maintain business activities inside the bay area. Remove all construction materials and plastic containers from back of building. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 2092018 Officer Guim presented the case. Notice of violation date August 4, 2017. The Magistrate hearing was on January 17, 2018, and respondent appeared. Two orders were made, neither are in compliance: • Order 1: be in compliance by March 2, 2018, or be fined $200 per day plus admin costs; ordered to replace or repair dumpster enclosure, to maintain business activities inside of bay, remove all construction material, and plastic containers from back of building. 109 days of non-compliance at $200 per day, plus admin fees of$634.12, total amount $22,434.12. • Order 2: be in compliance by April 2, 2018, or be fined $200 per day to resurface and restripe parking lot. 78 days of non-compliance at $200 per day, plus admin fees of$634.12, total amount $16,234.12. Brian Stern, family member of owner, provided affidavit to testify, and stated the dumpster was taken care of. Officer Guim stated it is not as enclosure does not have a permit, also that owner has been working with Planning & Zoning to put a vinyl fence around back of building, application was made but never happened. While business has permits for the parking lot work, there was no compliance as of April 2, 2018. Owner stated permit was only received the week previous. Ms. Zalman ascertained there has been minimal to no evidence of an attempt prior to the compliance dates. Decision Based on testimony, Ms. Zalman certified both fines in total ($22,434.12 and $15,234.12). Lien Reduction Hearings Case No. 11-1788 Eugenio Negron Property Address: 3221 Orange St Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was July 12, 2011. Magistrate hearing was August 17, 2011, and no one had appeared. Compliance date given was August 27, 2011, or $100 per day. Date complied March 5, 2012. 190 days of non- compliance at $100 per day, for a total fine of $19,000, plus administrative fees. Wells Fargo an was the property owner at the time of the fine. Owner of property has complied for lien reduction. Jean Rene Pierre Louis, current owner, stated the house was in foreclosure at the time of purchase, which was "as is." Has worked hard with Officer Pierre to be in compliance. City recommends $1,000 plus admin fees. Decision Based on testimony, Ms. Zalman reduced the fine to $1,000 plus admin costs of$730.15. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Case No. 14-1165 David Newell & Kelly Field Property Address: 3391 Orange St Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was May 13, 2014. Magistrate hearing was July 16, 2014, and no one had appeared. Compliance date given was July 31, 2014, or$100per day. Date complied July 12, 2017. 1,076 days of non-compliance at $100 per day, for a total fine of $107,600, plus administrative fees. Current owner of property has complied for lien reduction. Luis Estrada, current owner (Estrada & Son, LLC), stated the house was purchased February 2018 without knowing about this lien, but did know about one for utilities. Learned about property lien when paying for utilities. Purchase price around $80,000. Improvement have been new AC with permit ($6,000), electrical with permit ($5,000), paint, landscaping, laminated floor ($8,000). Officer Pierre recommended $10,000, but Mr. Estrada was hoping it would be less. Decision Based on testimony, Ms. Zalman reduced the fine to $5,380, plus admin costs of$730.15. Case No. 14-2711 BN Estates, LLC Property Address: 401 NW 13th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was December 15, 2014. Magistrate hearing was February 18, 2015, and no one had appeared. Compliance date given was February 28, 2016, or $100 per day. Date complied January 30, 2017. 701 days of non-compliance at $100 per day, for a total fine of $70,100, plus administrative fees. Owner of property has complied for lien reduction. Michael Weiner, attorney for owner, stated this is an investment property with tenants present. The matter took time to address(noted repairs made per list of violations). it repairs were extensive, there were certain tenant situations that created delays (at one time a treatment facility required eviction of tenants who defaulted and mistreated property). Other tenants took it upon themselves to make repairs not according to code. All has been brought into compliance, promising to maintain property and screen tenants more effectively. City recommended $7,000 reduced lien, noting a second case to follow on this property (see Case No. 16-831). Decision Based on testimony, Ms. Zalman reduced the fine to $7,000 plus admin costs of$730.15. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 RMEMEMENEEM Case No. 16-831 BN Estates, LLC Property Address: 401 NW 13th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was May 2, 2016. Magistrate hearing was June 15, 2016, and respondents did appear. Compliance date given was July 15, 2016, or $500 per day. Date complied January 30, 2017. 198 days of non- compliance at $500 per day, for a total fine of$99,000, plus administrative fees. Owner of property has complied for lien reduction. Michael Weiner, attorney for owner, added to testimony for Case No. 14-2711, stressing the issues with regard to the tenants due to sober recovery status, which complicates eviction process. Notices tacked to building were not presented to landlord. Lien just pronounced in other case is 10%of value of the building, asking for consideration in lien reduction. Ms. Zalman noted the fact it was being rented while in deplorable condition and not in compliance as troublesome. Officer Pierre recommended reduction to $9,000. Mr. Weiner noted the property was not being rented continuously under unsafe circumstances. Mr. Woods stated the City would recommend $4,500. Decision as on testimony, Ms. Zalman reduced the fine to $5,000 plus admin costs of$730.15. Case No. 15-2414 Susan H Cooney Property Address: 217 SE 2nd Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was October 29, 2015. Magistrate hearing was January 20, 2016, and no one appeared. Compliance date given was January 30, 2016, or $100 per day. Date complied May 1, 2018. 821 days of non- compliance at $100 per day, for a total fine of$82,100, plus administrative fees. Owner of property has complied for lien reduction. Leonardo Scott Sinks, representative for owner, provided affidavit for testimony. Mr. Sinks was hired to install smoke detectors in April 2016, took a month to clear with tenants, installing on May 13, 2016. Cited a trail of emails by owner with City Inspector that she had to talk directly with tenants, which owner thought had been accomplished. However, property is now for sale, and owner discovered a huge fine existed. Officer Pierre recommended reduction to $8,000, noting the original violation had to do with BTR, which was when the smoke detectors issue arose. Mr. Sinks was unaware of BTR situation, so could not testify to it. Property has been vacant since May 9, 2017, smoke detectors were still operable at that time. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Decision Based on testimony, Ms. Zal reduced the fine to $7,500 plus admin costs of$730.15. Case No. 17-1253 Lucy Land, LLC Property Address: 703 S Federal Hwy Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was July 10, 2017. Magistrate hearing was October 1 , 2017, and Mary Law and Joseph Russo did appear. Compliance date given was November 8, 2017, or $50 per day. Date complied January 9, 2018. 61 days of non-compliance at$50 per day, for a total fine of$3,050, plus administrative fees. Owner of property has complied for lien reduction. Mary Law, owner, stated the City wants to label the as violators, when from the beginning they allowed the City to use either of the properties and were given licenses based on this. Has copy of lease which states this with full disclosures because what not sure City would approve it so wanted everything up front from the onset. Claims another towing company got upset after seven months and got the City to remove Camel towing, which had nothing to do with respondents as a landlord. Ms. Zalman interrupted testimony asking that this hearing is about what prevented compliance with the order. Ms. Law is unaware what agreement the City made with Camel Towing, but was under the impression that more time had been given to get everything moved. Respondent did not have a legal right to move the cars, but contends that the City did have that right. Officer Pierre recommended reducing fine to $300 plus admin costs. Decision Based on testimony, Ms. Zal reduced the fine to $305 plus admin costs of$730.15. Case No. 17-1505 American Real Estate Strategies Property Address: 1616 NE 2nd St Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was August 3, 2017. Magistrate hearing was over 15, 2017, and no one appeared. Compliance date given was December 29, 2017, or $50 per day. Date complied May 7, 2018. 128 days of non- compliance at $50 per day, for a total fine of$6,400, plus administrative fees. Owner of property has complied for lien reduction. Hermetha Hope, property manager, presented notarized credentials allowing testimony on behalf of owner, and stated the property was acquired in 2016, but have had a difficult tenant who is elderly, hospitalized, and currently in hospice. Mentally challenged adult son would never allow access to the property. Notices were not received from tenant. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Only corrections that could be done was the landscaping. Tenant is a Housing Choice Voucher Program member and owner needed to go in the unit to make repairs, but were not able to, which resulted in cessation of rent for 9 months. Working with Office Guim, Ms. Hope was able to get the matter resolved by contacting other family members. Office Pierre recommended a reduction to $600 plus admin costs. In consideration of owner's humanity to the tenant, Ms. Zalman reduced the fine even further. Decision Based on testimony, Ms. Zalman reduced the fine to $1,100 (including $730.15 admin costs). Case No. 17-1643 Felimise Paul and Jean Souverain Property Address: 112 SW 14th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was August 15, 2017. Magistrate hearing was January 17, 2018, and no one appeared. Compliance date given was January 31, 2018, or $200 per day. Date complied May 11, 2018. 91 days of non- compliance at $200 per day, for a total fine of$18,200, plus administrative fees. Owner of property has complied for lien reduction. Belize LaWard, daughter of owners, stated the owners did not have knowledge of the first notices sent to property as they went to the tenants who did not let them know, even though Mr. Paul is often there cleaning up property. Eventually learned of correspondence and of the lien placed on the property, does not remember date, but immediately started to comply with violations. Direct address for owners was given to Staff for future correspondence. This is an investment property and there are tenants. is Pierre recommended reduction to $1,800, noting the owners need to change the address with the property appraisers. Mr. Woods noted the actual turnaround from notification to compliance was very quick and a small fine in addition to admin costs would be acceptable. Decision. Based on testimony, Ms. Zalman reduced the fine to $500 plus admin costs of$730.15. Case Hearings Case No. 18-133 CC Consulting & Sales Inc. Property Address: 1083 SW 24th Ave Type of Property- Single-family, non-homesteaded Violation(s): CO CH 10 SECT 10-2 CO CH 10 SECT 1 - Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Public nuisance, vacant property. Mow all overgrowth, trim overgrowth and vegetation, including de-weeding all dead weeds and hedges on the fence. Officer Scoff presented the case, which was a citizen complaint. Initial notice was posted on property June 3, 2018. Thirty days given to comply. Property last inspected on June 18, 2018. The City recommended 15 days from the printed order for compliance, or a fine of$75 per day plus admin fees. Officer Scott has spoken several times with owner, no problem with complying when property is overgrown; however, recently neighbors are complaining about rodents in hedges, which was witnessed by two code officers. City is asking that the hedges be removed and repair or replace fence the hedges are covering. Building Department can decide about Daniel Weiss, owner, agreed to do whatever City demands, but noted that while trimming the hedge the day before, did not see any rodents, and believes that the hedge that had previously been healthy and growing was killed by someone. Ms. Zalman urged Mr. Weiss to contact the City and decide which is the best resolution within 15 days. Officer Scoff noted that the front of the property is kept satisfactory, but because the property is vacant the rodents return and neighbors complain. Decision Based on testimony, Ms. Zalman ordered 15 days compliance as stated on the Board Order, or a fine of$50 per day. Case No. 18-243 Bernice Potter Property Address: 1641 NW 3rd Lane Type of Property: Violation(s): As noted in the Notice of Violations Officer Cain presented the case. The City recommended 15 days from printed order for compliance, or a fine of$50 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or$50 a day, plus administrative fees. Case No. 18-251 Jose Flores Property Address: 380 NW 13th Ct Type of Property: Violation(s): As noted in the Notice of Violations Officer Cain presented the case. Two orders are requested, City recommends: Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 • Business Tax Receipt and Certificate of Use, 15 days from printed order for compliance, or a fine of$75 per day, is administrative fees. • Inoperable vehicle, removed with 10 days from printed order for compliance, or an order to tow vehicle from yard. Decision As no one appeared, Ms. Zal ordered 15-day compliance as stated on the Board Order, or $75 a day, plus administrative fees for BTR/COU; and 10 days to remove inoperable vehicle or tow. Case No. 18-332 MIA Real Rentals 11 LLC Property Address: 271 NW 16th Ct Type of Property: Violation(s): As noted in the Notice of Violations Officer Cain presented the case. The City recommended 30 days from printed order for compliance, or a fine of$100 per day, plus administrative fees. Decision As no one appeared, Ms. Zal ordered 30-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Case No. 18-474 Darthon Trading Co Inc Property Address: 146 NW 14th Ave Type of Property: R3 Multi-family Violation(s): As noted in the Notice of Violations Officer Cain presented the case. The City recommended 15 days from printed order for compliance, or a fine of$100 per day, plus administrative fees. Decision As no one appeared, Ms. Zal ordered 15-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Case No. 18-476 Riley Sherleen Property Address: 1390 NW 1st Ct Type of Property: Violation(s): As noted in the Notice of Violations Officer Cain presented the case. The City recommended 30 days from printed order for compliance, or a fine of$50 per day, plus administrative fees. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 MMM0000mmmmmm— Pecision As no one appeared, Ms. Zalman ordered 30-day compliance as stated on the Board Order, or$50 a day, plus administrative fees. Case No. 18-720 Sacha Wood Trust Property Address: 2 Whitehall Way Type of Property: Violation(s): As noted in the Notice of Violations Officer Weixler presented the case. The City recommended 15 days from printed order for compliance, or a fine of$75 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or$75 a day, plus administrative fees. Case • 188-733 Boca Stel LLC Property Address: 87 Magnolia Circle Type of Property: Violation(s): As noted in the Notice of Violations Officer Cain presented the case. The City recommended 15 days from printed order for compliance, or a fine of$75 per day, plus administrative fees. Recision As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or$75 a day, plus administrative fees. Case • 18-936 Sam Harris, Jr Property Address: 1600 NW 1st Ct Type of Property: Violation(s): As noted in the Notice of Violations Officer Guillaume presented the case. Notice was returned. Notice posted on property and a City all May 23, 2018. Officer Guillaume noted there is always an unlicensed and inoperable vehicle on the vacant property. Requesting an order to tow all four vehicles after 10 days. 2ecision As no one appeared, Ms. Zalman ordered 1 -day compliance or all vehicles towed. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 RREEMMERM Case • 18-506 72 & Sunny LLC Property Address: 121 W Ocean Ave Type of Property: Violation(s): As noted in the Notice of Violations Officer Hart presented the case, this is a health and safety issue. The City recommended 10 days from printed order for compliance, or a fine of $50 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 10-day compliance as stated on the Board Order, or$50 a day, is administrative fees. Case No. 18-793 Allen Todd Property Address: 3455 Orange St Type of Property: Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 10 days from printed order for compliance, or a fine of$100 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 10-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Case No. 18-1118 Vivian Lemon Property Address: 1581 NW 2nd Lane Type of Property: Violation(s): As noted in the Notice of Violations Officer Hart presented the case, this is a health and safety hazard (pool, trash and debris). Met with someone waiting for signed contract to purchase the property the night before; a crew will be there day of hearing to secure the fence and begin cleaning. The City recommended 21 days from printed order for compliance, or a fine of$100 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 21-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018_ Case No. 17-2021 Chery Fleurimont Property Address: 540 NE 20th Ave Type of Property: R1A Single Family Violation(s): As noted in the Notice of Violations Officer Guim presented the case, is was a citizen complaint. The City recommended 20 days from printed order for compliance, or a fine of $75 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 20-day compliance as stated on the Board Order, or$75 a day, plus administrative fees. Case No. 18-45 Michael LaRocca Property Address: 85 Maple Lane Type of Property: R1A Single Family Violation(s): As noted in the Notice of Violations Officer Guim presented the case, which was a citizen complaint. The City recommended 20 days from printed order for compliance, or a fine of $50 per day, plus administrative fees. Pecision As no one appeared, Ms. Zalman ordered 20-day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-989 Janel Valcin Property Address: 1800 NE 2nd Ct Type of Property: Single Family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Guim presented the case. The City recommended 15 days from printed order for compliance, or a fine of$75 per day, is administrative fees. Pecislon As no one appeared, Ms. Zalman ordered 15-day compliance as stated on the Board Order, or$75 a day, plus administrative fees. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Fine Certification Case No. 16-913 Katherine C & Waters J Bradley Property Address: 128 SW 11 t" Ave Type of Property: Violation(s): As noted in the Notice of Violations Officer Hart presented the case, has been in contact with this owner who has Stage 4 cancer, and is coordinating contact with City to apply for funds through one of the City programs. The City recommended tabling for 90 days. Decision As no one appeared, Ms. Zalman ordered case be tabled for 90 days. Case • 18-70 Rita Fowler Trust Property Address: 200 SW 7th Type of Property: Violation(s): CO CH 13 SECT 13-16 CO CH 13 SECT 13-7 INCL CO CH 10 SECT 10-60B CO CH 10 SECT 10-56D Residential property owner must have BTR to rent, apply for and pass inspection, obtain Certificate of Use and Business Tax Receipt. Repair all broken windows, remove all boards from windows to allow proper egress (this section closed). Officer Hart presented the case. Notice of violation date February 21, 2018. Magistrate hearing date April 18, 2018, respondent did not appear. Compliance date May 11, 2018. Fine proposed by Magistrate was $100 a day, plus administrative fees. Property last inspected June 19, 2018, and is still in violation. Number of days of non-compliance 41 days at $100 a day, plus administrative fees of$730.15, for a total of$4,830.15. Decision As no one appeared, Ms. Zal certified the fine of$4,830.15. Case No. 17-2344 US Bank Trust NA TR Property Address: 1065 Fosters Mill Rd Type of Property: Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida JUNE 20, 2018 Apply and pass inspection for and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Guim presented the case. Notice of violation date November 17, 2017. Magistrate hearing date February 21, 2018, respondent did not appear. Compliance date March 20, 2018. Fine proposed by Magistrate was $50 a day, Plus administrative fees. Property is still in violations. Number of days of non-compliance 91 days, fine continues to accrue at $50 a day, plus administrative fees of$634.12, for a total of$5,184.12. Regislon As no one appeared, Ms. Zalman certified the fine of$5,184.12. V. ADJOURNMENT Ms. Zal concluded the hearing at 12:50 p.m. [M. Moore, Prototype Inc.] Page 27