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Minutes 04-18-18 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCEILIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, APRIL 18, 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 9:14 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 bei if the violation(s) are not corrected by the deadline. Ill. 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 3 17-946 Removed 4 17-1110 Removed 5 18-356 Removed 6 18-415 Complied 7 18-509 Closed 9 17-1913 Removed 11 17-2424 Removed 13 18-97 Complied 14 18-602 Complied 15 17-2404 Removed 17 17-1835 Removed 18 17-2132 Removed 22 17-2390 Removed 23 17-2407 Complied 24 17-2410 Removed Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 ....................... IV. NEW BUSINESS Fine Certifications Case No. 17-845 James M Landwerlen Property Address: 221 SE 2nd Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 4 SECT 4-32 Leash law CO CH 4 SECT 4-36 County registration CO CH 4 SECT 4-37 Rabies vaccinations Officer Roehrich presented the case. Notice of violation sent May 23, 2017. Code or Hearing July 19, 2017, no one appeared. Cease and Desist Order issued with compliance date by July 19, 2017, or $500 fine per occurrence. Currently there are four leash law violations, one inspection, total fine of $2,346.03. Officer Roehrich showed photographs to Ms. Zal and has eye-witness testimony available. Photo of first violation was taken by Mr. Dana Cook; second violation observed by Officer Roehrich, along with photos by Ms. Kyl a Ross and Mr. Cook; third violation photo taken by Ms. Ross; and fourth violation was quickly observed by Mr. Cook, but no photo was taken. Ms. Zalman noted the pictures are of a German Shepherd running loose through the community and agreed to hear brief testimony. Dana Cook, neighbor at 226 SE 2nd Ave., took pictures as stated by Officer above. Witnessed a lady walking a husky down the street and saw neighbor dog in question shoot out after the woman and the dog. The woman got the dog up in her arms, and the owner of the dog did run after, trying to catch it, but fell before the dog got to them. There was no bite at the time, but it all happened very quickly. This fourth violation was on April 2, 2018. Officer Roehrich replied that the dog cannot be removed, all that can be done is a letter sent to owner alerting to potentially dangerous situation, which is usually enough to most owners. This is the second time for fine certification without resolution, just waiting for the bite to occur. Decision Based on testimony, Ms. Zalman ordered the fine to be certified. Case Hearings Case No. 17-823 Vernon Thompson Jr Trust Property Address: 606 NE I st St Type of Property: Multi-family, duplex Violation(s): CO CHI 5 SECT 15-120D INCL CO CH15 SECT 15-120B INCL CO CH10 SECT 1 - Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Install sod in yard and swale. Remove or repair fence, permit may be required. Remove all unregistered vehicles from the property. Remove all trash and debris from the property. Officer Hart presented the case, which was a routine inspection. Initial notice was on May 18, 2017, via courtesy notice. Thirty days were given to comply. Notice posted to the property and City Hall on April 4, 2018. All violations still exist. Last inspection April 17, 2018. Officer Hart had pictures which were given to Ms. Zalman to review. The City recommended 10 days from the printed order for compliance, or a fine of $150 per day plus admin fees. Rick! Scott, property manager and owner's son, stated that as of April 18th, all the debris has been removed from the back of the property, and the car has also been removed. Mr. Scott is concerned that there are no trespassing signs authorized by the City as some type of City assistance is needed to keep this matter from occurring on a continual basis. Four pallets of sod and $200 of grass seed have been purchased, awaiting rainy season for grass to take hold; a $300 water bill has been accumulating in the meantime. The fence has been repaired. Mr. Scott had digital photos of the property showing the car and debris have been removed, which were shared with Officer Hart and Ms. Zalman. Officer Hart noted that there is quite a bit of activity on that street and owner has been informed it is not the City's responsibility to maintain the property. Ms. Zalman noted the owner has taken corrective action prior to the hearing, but there is more to do, recommending the fence be fixed immediately. Mr. Woods recommended Mr. Scott call the police immediately, so arrests can be made when trespassers are noted. Decision Based on testimony, Ms. Zalman ordered 30 days compliance as stated on the or Order, or a fine of$150 per day. Case No. 17-824 Marjorie C and V Thompson Jr Property Address: 614 N E 15t Street Type of Property- Multi-family, duplex Violation(s): CO CH 15 SECT 15-120B CO CH 15 SECT 15-120D Install sod in yard and swale. Remove Florida Holly tree. Repair or remove fence, permits may be required. Officer Hart presented the case, which resulted from a routine inspection. This was not a repeat violator. Initial inspection was May 18, 2017. Initial notice was May 18, 2017 via courtesy notice. Thirty days given to comply. Notice posted to the property and City Hall on April 4, 2018. All violations still exist. Property last inspected on April 17, 2018. Officer Hart had pictures which were given to Ms. Zalman to review. The City recommended 15 days from the printed order for compliance, or a fine of $100 per day Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 plus admin fees; however, would accept 30 days considering the sod. This property abuts the property of Case No. 17-823. Ricki Scott, property manager and owner's son, stated this duplex is opposite and does not have the problem with the cars and debris. Some discussion followed regarding the fencing and the Florida Holly tree, which is an invasive species which Officer Hart said needs to be removed. Mr. Scott noted that his father is in the hospital and Mr. Scoff has also been ill, making these matters difficult to resolve. Decision Based on testimony, Ms. Zalman ordered 30 days compliance as stated on the or Order, or a fine of$100 per day. Case No. 17-1157 Polonio LLC Property Address: 227 SW 2nd Ave Type of Property: Multi-family, duplex Violation(s): CO CH 13 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 February 26, 2018. Received signed green card dated March 2, 2018. Utilities show Aftermath Management LLC as a tenant since December 20, 2016, and currently. COU and BTR for Aftermath became inactive on February 13, 2017. TheACLF is not allowed by the City. On January 13, 2018, the COU and BTR inspection for the rental unit of the duplex for Polonio LLC failed because of torn/ripped window screens, ripped soffit screens, and broken windows needing repair. Property last inspected April 17, 2018, with no access to the back yard to inspect the screens. Office Weixler was informed that all the soffit screens and window screens were fixed. in issue is that the ACLF is listed as being there even though not allowed by the City due to inactive license. City recommended 30 days from printed order for compliance, or$150 a day. Fenjy Duval, tenant, and Daniel Zejerman, one of the directors of Polonio, LLC, stated the property was acquired a year ago and that it was already rented to Aftermath. The title company did the research and found no violations in the City. The tenant has paid promptly. No notice was received, only the citation for a magistrate hearing. Upon coming to the City, discovered application for a business license was required and applied Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 for. The inspection showed some irregularities which were promptly fixed. All the violations on the property were corrected personally. Mr. Duval was under the impression that everything the City required of them had been done. There was confusion after the fees were paid, application was made, and then was rejected, until several weeks had passed and it was learned that the FARR process before the license could be issued, which could take up to six months. Officer Weixler stated this has already been going on since December 20, 2016, and there has been more than enough time to acquire necessary licenses and certificates. Ms. Zalman wanted to revisit this in 60 days to check on the FARR process and have evidence produced that all other violations have been corrected. Mr. Woods suggested the owner get a full and complete list to make sure all group home requirements are being met to get the licensing from the City. Decision Based on testimony, Ms. Zalman ordered the case tabled for 60 days. Fine Certification Hearings Case No. 17-700 Swallow 7 LLC Property Address: 91 NW 28 Ave. Violation(s): F 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. Notice of violation date May 1, 2017. The Magistrate hearing was on September 20, 2017 and no one had appeared. Compliance date given was October 20, 2017 or$50 per day. Property last inspected on April 17, 2018, having complied on March 28, 2018. 160 days of non-compliance with fines of$50 per day, plus six inspections and administrative fees of $826.18, for a total of $8,826.18. Owner contends it was the Building Department's fault that the permitting process took so long. Galinda Windsor, owner, stated a general contractor had been hired, paid, and then disappeared, so she tried to do everything herself but was ignorant of the processes. This case was he last month and was tabled so the violations could comply. Decision Based on testimony, Ms. Zalman reduced the fine to $500 plus admin fees of$826.18. Case No. 17-1964 Iris Matias Property Address: 451 W Ocean Ave Violation(s): LDR CH2 ART 4 SECT 2-A-2 CO CH13 SECT 13-16 Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL Certificate of Use and Business Tax Receipt are required for the rental of the room. Overgrown vegetation to be trimmed and mowed. Building permit for addition of the efficiency/living quarters. Unsafe electrical damage from the hurricane. Officer Weixler presented the case. Notice of violation date October 6, 2017. The Magistrate hearing was on January 17, 2018 and Iris Matias appeared. Compliance date given was February 28, 2018, or$250 per day. Property last inspected on April 7, 2018. 49 days of non-compliance and fines continue to accrue at $250 per day plus administrative fees of $730.15, for a total of $12,980.15. There were two board orders on this case, the first met compliance, this one did not. Magistrate asked for proof that the tenants not paying rent were evicted, which was provided. The unsafe electrical mast is still on the ground. Iris Matias, owner, confirmed that this is an investment property. Ms. Zalman asked why the hurricane damage had not been corrected. Ms. Matias stated the tenants refused to move and it took six months to evict them. In the meantime, no one else lived in the property, and the property is now vacant. Asking that the property be allowed to remain vacant until the money to fix the electrical damage can be raised (there is no power at this time; however, water service is intact). Officer Weixler gave background on the matter, that it is no longer a life safety issue as the house is vacant and the electricity is off. Ms. Matias has been gathering bids from contractors, but still does not have them. Ms. Zal tabled the case for 60 days, asking Ms. Matias to return with proof that a contractor has been hired and process to repair has begun. Decision Based on testimony, Ms. Zalman ordered the case tabled for 60 days. Lien Reduction Hearings Case No. 13-400 US Bank National Assn Trust Property Address: 426 NE 26th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was March 12, 2013. Magistrate hearing was April 17, 2013, and no one had appeared. Compliance date given was April 27, 2013, or $500 per day. Date complied April 27, 2015. 729 days of non-compliance at $500 per day, for a total fine of$907,500, plus administrative fees. The bank was the owner at the time of the lien. (Related Case No. 15-1438.) Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Jen Eloizin, current owner, stated the house was in foreclosure at the time of purchase and gave the history of the realtor negotiating with the bank and the City, ultimately to the process of lien reduction, including all the repairs to bring the property to code. Purchase price of property was $57,500. Decision Based on testimony, Ms. Zalman reduced the fine to part of the in costs or $480.15. Case No. 15-1438 US Bank National Assn Trs/OCWEN Property Address: 426 NE 26th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was June 17, 2015. Magistrate hearing was August 19, 2015, and no one had appeared. Compliance date given was August 29, 2015, or$500 per day. Date complied November 22, 2015. 53 days of non- compliance at $500 per day, for a total fine of $26,500, plus administrative fees. The bank was the owner at the time of the lien. (Related Case No. 13-400.) Jen Eloizin, current owner, stated not only were all repairs made but the property was improved by the renovations. Decision Based on testimony, Ms. Zalman reduced the fine to zero. Case No. 16-1789 GR Ventures 11 LLC Property Address: 434 NE 20th Ave Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was December 13, 2016. Magistrate hearing was February 15, 2017, and no one had appeared. Compliance date given was March 31, 2017, or $500 per day. Date complied December 12, 2017. 256 days of non-compliance at$250 per day, for a total fine of$64,730.15, plus administrative fees. it Ovandia, owner, stated two permits had to be taken and had difficulties with contractor up to time of the inspection. Tenants did not cooperate at all. Four certified electricians did not know how to rectify the electrical issues, after seven or eight months finally called FPL to resolve (external cable had been slashed). Officer Weixler gave accounting of original violations as well as a follow-up problem with the electrical cable. The tenants had long since been evicted, however, owner did not have copies of correspondence at the time of the hearing. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Decision Based on testimony, Ms. Zalman reduced the fine to $2,500 plus $730.15 admin costs for total of$3,230.15. Case Hearings Case No. 17-2380 Norma Korane Property Address: 503 SW 16th St Type of Property: R1 AA Single Family Violation(s): As noted in the Notice of Violations Officer Weixler presented the case, noting this is not a repeat violator. The City recommended 30 days from printed order for compliance, or a fine of $75 per day, plus administrative fees. Decision As no one appeared, Ms. Zaln ordered 30-day compliance as stated on the Board Order, or $75 a day, plus administrative fees. Case No. 17-2578 Lucienne & Fresnel Osirus Property Address: 3039 Grove Rd Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Guillaume presented the case. The City recommended 21 days from printed order for compliance, or a fine of$500 per day, plus administrative fees. Decision As no one appeared, Ms. Zalman ordered 21-day compliance as stated on the Board Order, or$500 a day, plus administrative fees. Case No. 17-2555 PAD Properties LLC Property Address: 186 SE 27th Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Guillaume presented the case. The City recommended 30 days from printed order for compliance, or a fine of$100 per day, plus administrative fees. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Decision As no one appeared, Ms. Zalman ordered 30-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Case No. 17-577 Aristilde Duckens Property Address: 525 NE 2nd St Type of Property: R2 Duplex Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 30 days from printed order for compliance, or a fine of$200 per day, plus administrative fees. Decision As no one appeared, Ms. Zaln ordered 30-day compliance as stated on the Board Order, or$200 a day, plus administrative fees. Case No. 17-2547 215 S Seacrest LLC c/o Richard Burr Property Address: 107 SW 2nd Ave Type of Property: R3 Multi-family Violation(s): As noted in the Notice of Violations Officer Hart presented the case, this is a health and safety hazard. 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. Zaln ordered 30-day compliance as stated on the Board Order, or $100 a day, plus administrative fees. Case No. 18-70 Rita Fowler Trust Property Address: 200 SW 7th St Type of Property: R1A Single Family Violation(s): As noted in the Notice of Violations Officer Hart 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. Zaln ordered 15-day compliance as stated on the Board Order, or$100 a day, plus administrative fees. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Fine Certification Hearing Case No. 17-1372 Gregory Xiggoros Property Address: 417 SW 1St Av Type of Property: R1 A Single family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Permit required for car port enclosure. Certificate of Use and Business Tax Receipt required for the rental. Officer Weixler presented the case. Notice of violation date July 22, 2017. Magistrate hearing date September 20, 2017, no one appeared. On January 17, 2018, Greg Xiggoros appeared, and case was tabled to February 21, 2018. Compliance date December 8, 2017. Fine proposed by Magistrate was$75 a day, plus administrative fees. Property last inspected April 17, 2018, and violations complied on March 16, 2018. Number of days of non-compliance 98 days at $75 a day, plus administrative fees of $730.15, for a total of$8,080.15. Officer Weixler gave Ms. Zaln the history of the case. Decision As no one appeared, Ms. Zal certified the fine of$8,080.15. Case No. 17-804 Pierre Soliny Property Address: 612 NE 2nd St Type of Property: R2 Duplex Violation(s): Install sod in yard Officer Hart presented the case. City recommends no fine, the case has complied. Decision Ms. Zaln agreed with the City's recommendation. Case No. 17-1062 Carline Saint Felix Property Address: 2930 SE 2nd St Type of Property-, R2 Duplex Violation(s): CO CH15 SECT 15-120D INCL Mow overgrowth in yard and sod bare areas. Repair broken window. Remove all trash and debris including appliances from property. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Officer Scott presented the case. Notice of violation date October 2, 2017. Magistrate hearing date January 17, 2018, respondent did appear. Compliance date March 2, 2018. Fine proposed by Magistrate was $100 a day, plus administrative fees. Property last inspected April 12, 2018, and violations complied on April 12, 2018. Number of days of non-compliance 41 days at $100 a day, plus administrative fees of$634.12, for a total of $4,734.12. Decision As no one appeared, Ms. Zalman certified the fine of$4,734.12. Case No. 17-1389 Kristyn Manzi Property Address: 2512 SW 1t" St Type of Property: RlAA Single family Violation(s): CO CH13 SECT 13-6 CO CH13 SECT 13-7 INCL Apply and pass inspection for and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Scott presented the case. Notice of violation date October 27, 2017. Magistrate hearing date January 17, 2018, respondent did appear. Compliance date March 2, 2018. Fine proposed by Magistrate was $100 a day, plus administrative fees. Property last inspected April 12, 2018, and violations still exist. Business Tax Receipt has not been applied for. Number of days of non-compliance 41 days, fine continues to accrue at$100 a day, plus administrative fees of$634.12, for a total of$4,734.12. Decision. As no one appeared, Ms. Zal certified the fine of$4,734.12. Case No. 17-1974 Sylvia Pierre Property Address: 2309 SW Federal Hwy, Unit 7 Type of Property- R3 Multi Family Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH10 SECT 10-56E Repair front window and screens. Repair leaking air- conditioning unit, contact professional to test what appears to be mold on interior walls of building. Apply and pass inspection for and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Scott presented the case. Notice of violation date October 18, 2017. Magistrate hearing date January 17, 2018, and no one appeared. Compliance date March 1, 2018. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida APRIL 18, 2018 Fine proposed by Magistrate was $100 a day, plus administrative fees. Property last inspected April 13, 2018, and violations still exist. Business Tax Receipt has been applied for, but has not passed inspection assmoke detectors have not yet been installed. Number of days of non-compliance 49 days, fine continues to accrue at $100 a day, plus administrative fees of$634.12, for a total of$5,534.12. Ms. Zalman ascertained that this is an investment property with tenants. Mold issue has been complied. Decision As no one appeared, Ms. Zalman certified the fine of$5,534.12. Case No. 17-1505 American Real Estate Strategies Property Address: 1616 NE 2nd St Type of Property: R1 A Single family Violation(s): CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL CO CH10 SECT 10-2 Apply and pass inspection for and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Sod bare area of front yard, remove inoperable vehicles, clean up lifter and trash, and remove outdoor storage. Officer Guim presented the case. Notice of violation date August 3, 2017. Magistrate hearing date November 15, 2017, respondent did appear. Compliance date December 29, 2017. Fine proposed by Magistrate was $50 a day, plus administrative fees. Property last inspected April 13, 2018, and violations still exist. Number of days of non-compliance 109 days, fine continues to accrue at $50 a day, plus administrative fees of$730.15, for a total of$6,180.15. Decision As no one appeared, Ms. Zalman certified the fine of$6,180.15. V. ADJOURNMENT Ms. Zal concluded the hearing at 10:37 a.m. [M. Moore, Prototype Inc.] Page 12