Agenda 08-14-19 AGENDA
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE: Wednesday, August 14, 2019
TIME: 11:00 A.M.
PLACE: BOYNTON BEACH INTRACOASTAL PARK CLUBHOUSE
COMMISSION CHAMBERS
2240 N. FEDERAL HIGHWAY
A. CALL TO ORDER—
B. ELECT NEW CHAIRPERSON —
C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 01/28/2019 MEETING)
E. OLD BUSINESS
F. NEW BUSINESS Applicant: Mr. Wing Kei Ho and Mrs. Karen Yeh Ho
Reference: 1101-1103 N. Federal Highway, Boynton Beach, FL
Explanation: Applicant is appealing a demolition order issued as
allowed by Section 116.1, inclusive, of the City of
Boynton Beach Administrative Amendments to the 6th
edition of the 2017 Florida Building Code. The
applicant is requesting a stay of the demolition order
and additional time to conduct the work stipulated by
the Notice of Unsafe Building dated 12/19/2018.
G. ANNOUNCEMENTS
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
XC: Members and Alternates of the Building Board of Adjustment&Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development& Building Official
S:\Development\BUILDING\Building Board of Adjustments&Appeals\FY 2018-2019\1101 N Federal Hwy\Exhibit AWgenda 2019-08.14.doc
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
3301 Quantum Boulevard,Suite 101
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-742-6357
* www.boynton-beach.org
August 12, 2019
RE: Mr. Wing Kei Ho and Mrs. Karen Yeh Ho, 1101-1103 N. Federal Highway, Boynton
Beach, FL, for stay of demotion order and time to mobilize contractors and Design
Professional(s) for the permitting and repair of said building as stipulated in the
12/19/2018, Unsafe Structure notice.
Dear Board Members:
Attached is the agenda for the Wednesday, August 14, 2019, meeting at 11:00 AM. The
applicants Mr. Wing Kei Ho and Mrs. Karen Yeh Ho, property owners, is appealing a demolition
order based upon Section 116.4, inclusive, of the City of Boynton Beach Administrative
Amendments to the 6th Edition of the 2017 Florida Building Code, which allows for his/her right,
as property owner in control of an unsafe structure or system, to appeal the decision of the
building official.
Also attached is a copy of the staff report, staff exhibit A, B, C, D copy of the applicants
application, applicants back up.
If you have any questions or need any additional information please contact me in the office at
561.742.6350. Thank you.
Sincerely,
Shane Kittendorf, CBO, CFM
Building Official
sk/fap
Attachment
Xc: Members of Building Board of Adjustment & Appeals
City Commission Members
Lori LaVerriere, City Manager
City Attorney
Judith Pyle, City Clerk
Recording Secretary
Mike Rumpf, Director of Development
Shane Kittendorf, Building Official, CBO, CFM
Mr. and Mrs. Ho, 9174 Chianti Court, Boynton Beach, FL 33472 -Via Email
MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS
MEETING HELD ON MONDAY, JANUARY 28, 2019, AT 2 P.M.,
INTRACOASTAL PARK CLUB HOUSE, 2240 N. FEDERAL HIGHWAY
BOYNTON BEACH, FLORIDA
PRESENT:
Sanford Guritzky, Chair Shane Kittendorf, Building Official
Andrew Podray John Kuntzman, Deputy Building Official
Paul Bortz Sean Swartz, Assistant City Attorney
Timothy Hunt
Daniel Berger
ABSENT:
Roberta Mann
A. CALL TO ORDER
Sanford Guritzky, Chair, called the meeting to order at 2:01 p.m. Attendance was
taken with the above members noted as present.
Minutes of the November 5, 2018 Meeting
Motion
Mr. Podray moved to approve the minutes. Mr. Bortz seconded the motion that
unanimously passed.
B. CHAIRPERSON
C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
D. NEW BUSINESS Applicant: Jermaine Frazier
Reference: 1641 N.W. 1St Court, Boynton
Beach, FL
Explanation: Applicant is appealing a demolition
order issued as allowed by Section
116.4, inclusive, of the City of
Boynton Beach Administrative
Amendments to the 6t" Edition of
the 2017 Florida Building Code.
The applicant is requesting a stay
of the demolition order and
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida January 28, 2019
additional time to conduct the work
stipulated by the Notice of Unsafe
Building dated 05/01/2018.
Shane Kittendorf, Chief Building Official, reviewed the background summary as
contained in the meeting materials. This item is about an unsafe structure due to a fire
that occurred on December 22, 2009. The structure was posted as unsafe. The follow
up a few years later after a site visit occurred in 2017. The property was posted again
and cited to move through the demolition process. The owner was given 10 days to
comply. The property was again posted on May 1, 2018. Notices were sent and the owner
requested a time extension on May 24, 2018. The contractor applied for permits on May
31, 2018. Staff reviewed the plans in one day and returned to the contractor with
comments. The contractor returned the plans 94 business days later, which staff reviewed
again within four business days. The owner was notified to appear before the Board on
November 2, 2018. On November 19, 2018, the owner submitted an application for
appeal to the Building Official's Demolition Order. On January 10, 2019, the contractor
submitted corrected plans for review 58 days after the appeal of the Demolition Order.
The plan review was performed on January 11, 2019 in one business day. On January
15, 2019, the Deputy Building Official requested the Designer of Record discuss the panel
schedule comments and the next day, the contractor declined the deferred submittal
option and referred to the fee for the revision of the comments to the contractor to address
all items.
Currently, the plans have been approved and are ready to be issued. The fees are
pending along with the asbestos report. The owner has taken steps in the last few months
to get permit in place and staff can move this forward to a permit status.
Mr. Kittendorf noted the plans progressed from 2017 to 2019 with minimal action. At this
point, the owner is at the point of permit and he would request a time extension based on
his finding. Based on the Board's direction regarding the last unsafe structure the Board
ruled one, he felt since the permit is ready to go, it would be appropriate to grant an
extension in lieu of moving forward with demolition of the property. Chair Guritsky asked
how much time was recommended and learned since the permits are approved, based
on six-month permit, they have 180 days to perform an action. When an action takes
place and there is an approved inspection, it rolls the permit forward. Mr. Kittendorf
recommended giving them two weeks to complete last few transactions to get the permit
issued.
The Minutes Specialist administered an oath to all those intending to testify.
Jermain Fraizer, the property owner, agreed with the time line to pay the fees. He
summarized he received the property from his aunt in 2017 and since then, he and his
father have been trying to maintain and comply. They made sure the property could not
be accessed and had secured the structure. The neighborhood can be rough at times
and there are individuals in the neighborhood who will remove the windows and gain
2
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida January 28, 2019
access to the property to seek shelter or other activities. Anything they do, they have to
do that day and take the materials offsite with them and then move forward. It is not they
do not want to comply, it is just an uphill battle.
Mr. Frazier explained he is a building contractor. He is aware of the laws and code he
must adhere to and he is also a father of five. When the building is restored it takes time
and money.
Mr. Hunt asked if Mr. Frazier did not have an issue with what building staff recommended
of having two weeks to pay for the permit. Mr. Frazier understood the permit fee is under
$400, which could be paid within two weeks. Mr. Frazier explained he is a general
contractor, he has his subcontractors in line, and they have a tentative schedule to ensure
all takes place in accordance with the contract. He commented they have to fit into the
subcontractor's queue regarding the existing plans and the timeline they submitted was
from three to six months ago. Each subcontract has their own schedule Mr. Frazier will
have to fit into in order to adhere to the timeline. It will be off to some extent, but they do
have a plan in place to issue the work order.
Chair Guritzky asked if Mr. Frazier was ready to start after the permit was finalized and
learned he was. He thought it will be a slower build and estimated it would take about a
year. From a monetary and contractual standpoint, they have to have the subcontractors
in line to start work, remove materials at the same time, come back the next day, and do
the same thing. He thought it would be a challenge and a little more time would be
required.
Motion
Mr. Hunt moved to approve the extension for two weeks.
Chair Guritzky asked if the City has a problem with him taking a year to complete the
prof ect.
Mr. Kittendorf explained since staff has seen a proactive approach to get the permit in
place, the goal is to get the permit and they have 180 days through the progress of
inspections and each inspection will extend the time for an additional 90 days. As the
homeowner continues to progress through the course of construction, they will
communicate with the subcontractors on the job and should not have an issue continuing
to move the project forward. Each time an inspection occurs, it extends the project an
additional 90 days. A suggestion was made to include the 12 months.
Discussion followed the motion is only to approve a two week period to get the permit
issued and to say the project had to be completed in 12 months was unrealistic. When
the permit is issued, he has 180 calendar days for each permit to pass inspection. Mr.
Hunt thought a plumbing permit may have three inspections and technically, the project
could extend to a year and a half.
3
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, Florida January 28, 2019
Mr. Podray asked about the stay of demolition and thought it should be included in the
motion, but it was pointed out the building official is asking for an extension of two weeks
to see if the permit is paid for and to supply needed documents. Further discussion
followed the two weeks would stay the demolition. If stayed, the usual process the Board
followed based on the prior Board determination gave 11 months to the prior contractor
to bring his property into compliance and if not, he would have to appear before the Board
to determine where he was and the Board would make a decision.
The staff recommendation was to grant a stay of two weeks to get the permit going. The
Board would determine if any further action would be needed if the permit expired at any
time. Chair Guritzky asked if nothing progressed within the 180 days if the City could
move to demolish. Mr. Podray thought there could be extenuating circumstances.
Motion
Mr. Podray suggested a motion to approve a stay of demolition for the next weeks until
all open invoices are satisfied with the Building Department and then it will immediately
trigger, provided the first requirement was satisfied, a second stay of demolition that will
last the first six months. Provided the contractor is making progress on the different permit
items, it will continue through the permitting process. As long as the stay is given for the
first 6 months, the owner can sleep well knowing they have time to rehab the building and
as long as they make adequate progress, it will continue every 90 days at the Building
Official's discretion. Mr. Bortz seconded the motion that unanimously passed.
Mr. Kittendorf gave an update on the case the Board heard at the last meeting
regarding 3150 Orange Street. The contractor submitted plans on December 18, 2018.
All reviews were complete as of December 26, 2018 and staff has yet to receive any
plans back at this time. It was noted the first plan review was denied.
E. ANNOUNCEMENTS
F. ADJOURNMENT
Chair Guritzky moved to adjourn. The motion was duly seconded and unanimously
passed. The meeting was adjourned at 2:14 p.m.
Minutes Specialist
Catherine Cherry
4
EXHIBIT A
Application and
Applicant's Back-up
&V
A-wellianeous Cash Mecelpf
CITY OF BOYNTON BEACH No.
1 Account No.
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FEMIPT
Date: q/M/l go, Type: 0-- DraA-r: I
R� "ipt no: CD407q9
I)E?scr-iPtian Quantity
T MIS-MajtA Ariount
Trans rpjn,,e-- 1.00 $69.00
&I account nunber: IIJ53070
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Total papent $M).00
Trans date; 4/Cfi/19
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT I BUILDING DIVISION
3301 Quantum Boulevard,Suite 101•Boynton Beach,FL 33426•(561)742-6350-Fax 742-6357
TO: Karen Yeh Ho
Shane Kittendorf, Building Official
DATE: April 26, 2019
Notice of Appeals Statement
Ts. Ho,
The Building Official, 113.4.3 has not accepted e Notice of Appeal Statement as
submitted.
. .3 Notice of appaNotice of appeal shall be in writing1 calendar
after e building official renders the decision. Appeals shall be in a form accWtable to the
Buildin2 Official.
The application is incomplete and missing sections from the Unsafe Structure(s) Ord for which
e appeal is based upon. Please reference Unsafe Structure i i ting the differences.
Please provide a clear and concise stat t(s)of the order in which you are appealing.
Please provide the reasons for which the appeal is taking place and a detailed statement of relief
you are seeking fromthe Building Boardof Adjustment d Appeals.
The notice of appeals shall have appended to it copies of any plans, drawings,timeline for
compliance, electrical,plumbing, roof and structural ysis, rules or regulations or other
documents that would be pertinent and materials to the hearing of the appeal.
Please resubmit updated Notice of Appeals Statement and complete application within 10
business days.
The City ofBoynton Beach
DEVELOPMENT DEPARTMENT
BUILDING
� 100 E.Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
«v L: 1-242-6350
FAX., 561-7426357
www.boynton-beach.org
DATE OF POSTED NOTICE.03/06/19 VIA CERTIFIED AL41L REGULAR
Karen Yeh Ho
6826 Fiji Circle
Boynton Beach,FL 33437
P': 1101–1103 N Federal Hwy
Boynton Beach,FL 33415
Parcel ControlNumber: 0843-45-21-32-008-0010
Subdivision. LAKE ADD TO BOYNTON
Official Records:Book 30338 Page 940
Legal Description.LAKE ADD TO BOYNTON LT 1 13IX A
FBC 116 Unsafe Structures-Repair,.Rehabilitate,or Demolish Structure
To whom it may concern:
Per Section 116.1 of the Boynton Beach Administrative Amendments to the Ern Edition(2017)Florida Building Code
(FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or
which constitutes a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute
a hazard to safety or health,are considered unsafe buildings or service systems.All such unsafe buildings,structures
or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner,
through repair and rehabilitation or by demolition in accordance with this Code.
Comments:
FloridaBuilding Code, ExistingBuilding Definition - UNSAFE. Buildings, structures or equipment that are
or that are deficient due to inadequate means of egress facilities,inadequate light and ventilation,or that
constitute afire hazard,or in which the structure or individual structural membersmeet the definition of"Dangerous,"
or that are otherwise dangerous to human life or the public welfare,or that involve illegal or improper occupancy or
inadequate maintenances be deemed unsafe.A vacants tis not secured against ell be deemed
unsafe.
Inadequate maintenance, Dangerous to human life or the public welfare — Structure located in a
windborne debris region. Immediate removal required to prevent large missile impacts to the adjacent
structures.. Reference- FBC- Building 1609;1? Protection of openings. Glazed openings in buildings
located in w ndborne debris regions shall be protected from a indborne debris.
The City ofBoynton Beach
DEVELOPMENT DEPARTMENT
BUILDING Di
100 E.Boynton Beach Boulevard
P.O.Box 310
Boynton Beach,Florida 33425-0310
L:561-742-6350
FAX: 561-74263.57
woliul-boynton-beach-cli
Time Line for Compliance:
PERMIT APPLICATION SUBMITTAL 15 business days from the date of posted Notice(harsh 27,2019)
PERMIT ISSUI'D-- 45 days from date of posted Notice(May R,2019)
• Make sure to hire a design professional and contractor who knows the Florida Building Code and the
Plan Review process. Failing a plan review will not grant as extension of time.
FINAL INSPI�C TIOMS (,"()MP[.FT ED- Notice of Completion issued by Building Official—90 days from date of
posted Notice.(July 12,2019)
MWAMEW
If you disagree with the building bei e; per Section 116.4 of the Boynton Beach Administrative
Amendments to the 6TH Edition(2017)FloridaBuild' Code; "The owner,agent,or person in control of an unsafe
structure or system 1 have the right to appeal the decision of the building official,as provided hereinafter, d to
appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they
should not comply with said notice application of appeal should be filed in writing and hearing costs paid by the
aff-ected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within(30days)of
the date of this Notice. The fee to cover hearing costs is two hundred and fifty($250.00) dollars per the Building
Division Fees under Section IH(13).
Upon expiration of the thirty(30)day period per Section 113.4.4 of the Boynton Beach Administrative ents
to the 6TH Edition(2017)FloridaBuilding Code,the affectedowner or duly authorized agent waives any finther right
of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will
be demolished by the City; accordingly, the costs incurred be charged to the owner per Section 116.3 of the
Boynton Beach Administrative ets to the 6TH Edition(2017)FloridaBuilding Code.
If you should have any questions or would like to meet to discuss this action please contact me in the Building Division
at(561)742-6352. Thank you.
Sincerely,
Shane Kittendorf CBO,CFM
Building Official
q!'
City of Boynton Beach
Department of Development
Building Division
.........................
BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION
Submittal Deadline: 30 days after decision is rendered by the Building Division
Please prinLgLtype Submittal Date: J/- / 19
X—
Filing Fee: $250 payable to the City of Boynton Beach
The undersigned owner(s) hereby respectfully petition(s) the Building Board of
Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and
interpretations of the Building Official and consider variances of the technical codes.
Section(s) to be appealed: ke tin elea-r—
q.,a 0
Y—
k?<1
U
Property involved is described as follows: Lot(s Block
t ,
Subdivision lt6 -k
Plat Book_l____ Page
or otherwise described as follows: P`rdf 14 a..,� Off# 3 2- 0 0&1-0 0
4,
Property Address:
Name and Address of Owner:
I e,a—
W-W a
Name of Applicant: ;rveLL�,.01—
Applicant's Phone Number: (. -11-11160--ML? Date: '17'
. `nature'of ficant
THE NOTICE OF APPEALS SHALL CONTAIN:
1. A clear and concise statement of the order and decision of the Building Official sought to
be appealed and the date thereof.
2. The reasons for is the appeal is taken and a definite and detailed statement of relief
sought from the Building Board of Adjustment and Appeals.
3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it
shall have appended to it copies of any plans, drawings, rules or regulations or other
documents that would be pertinent and materials tote hearing oft appeal.
In the case of c?building or structure, which, in the opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter
period.
3301 Quantum Blvd.,Suite 101,Boynton each,FL 33426 PO Box 310,Boynton each FL 33425-0310 Phone:(561)742-6350
S:Deve1opment1Bui1d1ng1Forms&TemplatesWn-HouseOuflding Board of Adjustment and Appeals Application(2104,9113, 10118)
NOTICE OF APPEAL FOR REPAIR
Comes Now, Karen Yeh Ho, pro se, Respectfully submit this NOTICE OF APPEAL.
UNITED STATES CONSTITUTION FIFTH AMENDMENT
"The Fifth Amendment creates a number of rights relevant to both criminal and civil legal
proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury,
forbids"double jeopardy," and protects against self-incrimination. It also requires that"due
process of law"be part of any proceeding that denies a citizen "life, liberty or property"and
requires the government to compensate citizens when it takes private property for public use.
(1) The building 1101 — 1103 N. Federal Hwy, Boynton Beach, FL 33435 was built in
1958.
Parcel Control Number: 08-43-45-21-32-008-0010
Subdivision: LAKE ADD TO BOYNTON
Official Records: Book 30338 Page 940
Legal Description: LAKE ADD TO BOYNTON LT I BLK A
(2) The building went through numerous hurricanes such recent Hurricane IRMA, Hurricane,
Michael, Hurricane Matthew. My inventories were dry and undamaged.
(3) The current use is warehouse use by property owner. There were no leasing for the past
six years to anyone.
(4)
The Appeal for Repair on time line:
(1) In adequate Maintenance—Roof system failing multiple areas of the deck, roof system not
secured properly, roof decking and trusses structural damage.
FBC—Building 1503.1 General. Roof decks shall be covered with approved roof coverings
secured to the building or structure in accordance with the provisions of this chapter. Roof
assemblies shall be designed and installed in accordance with this code and the approved
manufacturer's installations such that the roof shall serve to protect the building or structure.
Time Line: Apply for Owner/builder repair roof permit on April
_3 0_142_D[_q Finish on
(2) Inadequate maintenance, Dangerous to human life or the public welfare—Structure located in
a windborne debris region. Immediate removal required to prevent large missile impacts to the
adjacent structures. Reference—FBC —Building 1609.1.2 Protection of openings, Glazed
openings in buildings located in windborne debris regions shall be protected from windborne
debris.
Time Line: The building is a structure building with asphalt parking space. The City of
Boynton Beach owns the land next 1101-1103 N. Federal Highway. The City of Boynton Beach
refused to take care of land with Park and Recreation tax dollar. Homeowners has been taking
care of that piece of City of Boynton Beach property and City of Boynton Beach did not pay for
homeowners for their service instead place a lien against their property at 1101 N. Federal
Highway. The piece of land belongs to Florida East Coast and they had not been taking care of
their property either. The City of Boynton Beach place a lien on 1101 N. Federal Highway after
Florida East Coast completely clean up their property ready for Brightline train. There is no
"missile" from 1101 N. Federal Hwy,
Page 1 of 3
NOTICE OF APPEAL FOR REPAIR
Time Line: City of Boynton Beach should mow the lawn and clear"missile" from damage 1101
N. Federal Hwy building.
Florida East Coast should clear up their"missile"from damage 1101 N. Federal
Hwy building.
(3) Inadequate maintenance, Dangerous to human life or the public welfare—Structure struck by
vehicle at the SW comer of building. Evaluation. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be submitted to the code official.
The evaluation shall establish whether the damaged building, if repaired to its pre-damage state,
would comply with the provisions of the Florida Building Code, Building for loan combinations
that include wind or earthquake effects, except that the seismic forces shall be reduced FBC-
level seismic forces.
Time Line: The vehicle stuck the building. The City of Boynton Beach Police did not file
criminal complaint against the driver. Property Owner put back the door and at its original
condition that was back in February 2016. Since February 2016, 1101 N. Federal Highway went
though Hurricane Matthew in October 2015, Hurricane Michael in October 2017, Hurricane
IRMA in September 2017. 1101 N. Federal Hwy went through three-hurricane by the REAL
WINDSTORM FORCE in 2015, 2016, 2017. There was no damage and all the "stuff'was safe
and dry.
(4) Inadequate maintenance—Exposed wires multiple locations around structure. Unsafe
electrical system a complet service review by a licensed electrical contractor required. NEC
2011, 110.7 Wiring Integrity—Completed wiring installations shall be free from short circuits,
ground faults, or any connections to ground other than as required or permitted elsewhere in this
Code.
Time Line: There is no electrical service needed for the property.
The property owners install SOLAR panel for their electrical needs. Only Solar LED light bulbs
for warehouse use purposes only.
(5) Inadequate light and ventilation—Prroperty Board up—FBC, Building 1203.5 Natural
ventilation of an occupied space shall be through windows, doors, louvers or other openings to
the outdoors. The operating mechanism for such openings shall be provided with ready access
so that the openings are readily controllable by building occupants. FBC Building 1203.5.1
Ventilation Required. The openable area of the openings of the outdoors shall be not less than 4
percent of the floor area being ventilated. FBC Building 1205.1 Every space intended for human
occupancy shall be provided with natural light by means of exterior glazed openings in
accordance with Section 1205.2 or shall be provided with artificial light in accordance with
Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or
court in percent of the floor area of the room served.
Time Line: This is only warehouse. No human occupancy.
(6) Does not provide adequate egree, which constitutes a fire hazard—FBC Building 1001.3
Maintenance. Means of egress shall be maintained in accordance with Florida Fire Prevention
Code. FBC Building 1001.4 Fire Safety and evacuation plan shall be provided for all
occupancies and buildings where required by Florida Fire Prevention Code. Such fire safety and
evacuation plans shall comply with the applicable provisions of the Florida Fire Prevention
Code. FBC Building.
Time Line: Warehouse for property owner only. No human occupancy.
(7) Inadequate maintenance, Unsanitary conditions—No potable water to property—FBC,
Plumbing 602.2 Portable water required. Only potable water shall be supplied to plumbing
Page 2 of 3
NOTICE OF APPEAL FOR REPAIR
j
fixtures that provide water for drinking, bathing or culinary purposes, or for the processing of
food, medical or pharmaceutical products. Unless otherwise provided in this code, protable
water shall be supplied to all plumbing fixtures.
Time Line: City of Boynton Beach supplies water to 1101 N. Federal Hwy for the past six years.
The water bill is $58 dollars per month. Zero use of water. The basic rate for water bill.
(8) Inadequate maintenance—Multiple openings into attic and around the structure not protected
to prevent critters from entering. FBC, Building 1203.2.1 Openings into attic. Exterior openings
into the attic space of any building intended for human occupancy shall be protected to prevent
the entry of birds, squirrels, rodents, snakes and other similar creatures. Openings for ventilation
having a least dimension of not less thatn 1/16 inch (1.6mm)and not more than '/4 inch (6/4 mm)
shall be provided with corrosion-resistant wire cloth screening hardware cloth, perforated vinyl
or similar material with openings having a least dimension of not less than 1/16 inch (1.6mm)
and not more than 1/4 inch (6.4mm). Where combustion air is obtained from an attic area, it shall
be in accordance with Chapter 7 of the Florida Building Code, Mechanical.
Time Line: install the mesh by by April 30, 2019.
This building is warehouse by property owner's own use. No other human went inside the
building for visit or use as business.
Sincerely,
Karen Yeh Ho, Wing Kei Ho
Property Owner at
I 101 N. Federal Hwy
Boynton Beach, FL 33435
P
lm Beach County
(>
7
Cool
Page 3 of 3
City
BuildingDepartment of Development
(D i
aftersion
BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION
Submittal Deadline: 30 days decision is rendered ; ; Division
F—leasej
M
ri r i I : -
fif ,u payableto the Cityof BoyntonBeach
The undersigned owner(s) herebyrs tully ii n( ) the BuildingBoard
Adjustment Is to grant to petitioner(s) an appeal of decisions
interpretations of the BuildingOfficial and consider variances of the technical c es:
Section(s ) to be appealed: F 1, .....
Property involved is described as follows: Lot(s) Block ,
Subdivision4- 'l-/?;,mt LLLl�-i"ll Plat Book C age 7
f ,
or otherwise described as follows:
Property Address: i I o ' 'g
C . ,.� i�',� ��"�e' � �_;c:Er �`"7r a 4
Name and Address of Owner: .!;° e,--1 Name of
t,
Applicant:
Applicant's Phone Number: _ F Date.
Sig"natui-6,6f Applicant
AP OW, �+0'
1. A clear and concise statement of the order and decision of the Building Official sought to
be appealed and the date thereof.
2. The reasons for which the appeal is taken and a definite and detailed statement of relief
sought from the Building Board of Adjustment and Appeals.
3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and it
shall have appended to it copies of any plans, drawings, rules or regulations or other
documents that would be pertinent and materials to the hearing of the appeal.
In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter
period.
3301 Quantum Blvd. Suite 101 Dunton each L 33426 PO Box 310 Bg, nton Beach FL 33425-0310 Phone:(561}742-6350
S:IlJevelopment1BuitdinglForms&Templates Un-HouselBuilding Board of Adjustment and Appeals Application(2/04,9/13, 10/18)
NOTICE OF APPEAL FOR REPAIR
I, Wing Kei Ho, had met with the officials of Building Division of the City of Boynton Beach on
May 10, 2019 with regard to the repair, rehabilitation, or demolition of structure on 1101-1103 N
Federal Highway, Boynton Beach, FL 33435.
The major concerns with structure and services were conveyed by the officials of Buidling
Division of City of Boynton Beach. Those concerns were listed from the previous notice
although it lacks any specific evidence on the notice or communication on the area of concerns
listed.
There was discussion about whether the property is zoned for warehouse. It has not been
resolved from the discussion.
Previously,the owner provided answer to some concerns and suggested correcting some issues
that are addressable in short term on the list(original appeal submitted on April 5, 2019)
including:
Debris concerned in the lot and parking area was addressed by regular maintenance,
removal and clean up.
Installation of solar panel to address warehousing lighting needs.
A number of concerns (Inadequate light and ventilation, does not provide adequate
egress) are not applicable for warehousing as it is not intended for human occupancy.
It has portable water as continuous monthly water bills prove the case.
Installation of wire mesh to prevent critters from entering.
Those corrections and answers to address the concerns were deemed lower priority by the
officials and it is the officials' opinion that the lower priority concerns be driven by higher
priority concerns on the structure of the building.
In light of the above conversation with the building division,the plan is to hire design
professional to address area of concerns and provide recommendations for necessary repair and
rehabilitation. The design professional would also address applicability of warehousing for the
current zoning of building or otherwise secure the proper zoning or alternate use of the Property.
The timeline is to hire a design professional for evaluation and acquisition of the proper
applications and permits in 6 months and allows for an additional 12 months for
construction/repair/rehabilitation for this appeal for extension for a total of 18 months. The
timeline will be further refined once the design professional is identified to start the work.
Respectfully submitted by:
Wing Ho Rite
Owner of 1101-1103 N Federal Highway, Boynton each, FL 33435
9174 Chianti Court, Boynton each, FL 33472
5612296877
/7 0 0 . CO3W1
PAPA Banner
1_,ocationAddress 1101NFEDERALHWY
"+`Tuaicipalitw BOYNTON BEACH
Parcel Control Nunser 08-43-45-21-32-008-0010
SuaN ivision LAKE ADD TO BOYNTON
Official records Boob 30338 Page940
Sala:bate DEC-2018
Leal Description LAKE ADD TO BOYNTON LT 1 BLK A
Owners -- Mailing address
HO KAREN 9174 CHIANTI CT
HO WING& BOYNTON BEACH FL 33472 2459
Sales lata Price OR BooldPage Sale Type Owner
DEC-2018 $10 30338/00940 QUIT CLAIM HO WING&
AUG-2012 $40,000 25434/00464 WARRANTY DEED HO BENJAMIN L
JUN-2012 $10 25295/01462 WARRANTY DEED HEARTWOOD 57 LLC
MAR-2012 $60,100 25053/01300 CERT OF TITLE BANKATLANTIC
AUG-2004 $10 17517/00088 QUIT CLAIM HITE PETER&
123
No Exemption Inforruation Available.
*Total S�I��arar
Nu nt)er of Units 0 Feet 2460 Acres 0.1067
Use Code 1100- STORES Zoning C4-General Commercial(08-BOYNTON
BEACH)
'T'ax Year --2018 2017 2016
Improvement Valu $2,638 $2,677 $2,517
Land Value $92,283 $87,866 $83,682
Total Market Value $94,921 $90,543 $86,199.
All values are as of January 1 st each year
'T'ax Year --20l8 2017 2016
AssessedValue $94,921 $87,190 $79,264
E xemption Amount $0 $0 $0
Taxable Value $94,921 $87,190 $79,264
Tax Year --20l8 2017 2016
Ad Valorem $1,999 $1,884 $1,779
Non Ad Valorem $1,149 $1,161 $1,048,
Total tax $3,148 $3,045 $2,827'
iiiiiiiiiiiiiiiiiiiiiillifillilI
11 fill 1111
i
�F - ate�.•�e�a a ems.
OR BK 30338 Pd 07413
PREPARED BY: RECORDED 01/02/2019 08.i9:56
PI1'
10.00
00
Karen Ych Ho Do. stamp 0.70
6826-Fiji Circle Palm Beach Counts? Florida
ton' each, L 33437 Sharon R'. BockrCLERK 6 COMPTROLLER
Nis 0940 - 941: (2p9s)
REQUEST-ED Y:
tin H
2 lachee Parkway#799
Tal ee, FL 32301
AN RECORDED MAIL TO:
Wing
9174 Ch i Court
Boynton B FL 33472
MAIL TAX E ETS TO:
Wing o'
9174 Chianti Crt
Boynton each, 3472
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLYQUITCLAIM DEED
_ 1
Q .
KNOW ALL MEN BY PRESENTS THAT:
HIS. I I CLAIDEED,"'
EE ..and entered into o the 31th,day.of,DECEMBER ,2018,
between E�NJ O_( A SINGLE PERSON, WHOSE ADDRESS IS 2855
A alach e Parkway#79B("G °' and WING Hca and KAREN HO, 1-US13AND AND
WIFE(FATHER and MOTHE ose address is 9174 CHIANTI COURT, BOYNTON
BEACH,FL 33472 ("Gs NTEE")
For and in consideration of the sumn Dollars($10.00)and other g and valuable
consideration,the receipt and su ci which is hereby acknowledged,Grantor ixereby
Remises,Releases,AND FOREVER i s to GRANTEE,the property located in Palm
Reach, Florida County,Florida,desert
ailing address: 1101, 1103 N.Federal Highway,Boynton each, FL 33435
Parcel Control Number:08-4345-21-32-008-001
TAgal Description:
LOT 1,BLOCK A,LAKE ADDITION TO BOYNTON,FLORIDA, ACCORDING TOT E
PLATTHEREOF,AS RECORDED IN PLAT BOOK 11,'PAGE 71,OF T14E PUBLIC
RECORDS OF PALM BEAC14 COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 17
FLET OF LOT I HEN MEASURED AT RIGHT ANGLES TO'r E.EAST LINE OF SAID
LCT),BLOCK A A D�THAT PART OF LOT ],'BLOCK A, WHICHIS INCLUDED IN THE'
EXTERNAL AREA FORMED. E 12 FOOT RADIUS ARC TANGENT TO THE SOUTH
LINE OF SAID,LOT 1,AND TANGENT TO LINE 17 FEET ESTE OF AND
PARALLEL .,TTHE EAST LINE . SAID LOT 1,BLOCK A.LAKE ADDITION TO
BOYNTON, FLORIDA,ACCORDING TO THE PLAT THERECIF,AS RECORDED PLAT
BOO, ' 11,PAGE 71.
Prior instrument'reference: SPECIAL Warranty Deed, Volufne/Book No 25434, Page 0464,
Recorded / I2 6 2 li:17i53 Pullin 86ich County,F ori a.. gs
4- 4 (2 s),
Quitclaim d.:Parcel Control Number:0.8-43.45-121-'32-008-0010 Page I of 2
Book30338/Page941
CF #20190000054
Page 2 of 2
roc mens ii'* of t e Reco.der of P&l 'Beach °c;ctnty, FIM-Ada, record(xi Cz 1 .
201203-91122.
Su `t.tt''all,if any, y4?iid easements,rig its 1:fway,covenants,vonc .—ons. reservations.and
ons of rectrd. Subject to tax--s for t 019 and su'os ueal )ea:t,s.
G tits all of the Gr. tor's.ribhts; title and interest-In and to all of the FcWve desrri cd
pro .nd;;--ami C s to the Grantee,and to the rantee's eirsand. suns forever in flee
simpl that eit er'Grantot•nor Grantor's heirs le a'. representatives or assigns shall have,
`Maim,o Onand any.°fight or title to the properly,pretnises,or appurtenances,or any part
thereof.:
!ht tVl 6&,SS 9VEOF the ttoi-Inas exec.uted this Gleed h,the _th day of
2018:
rTate „ ,Grantor
o
t ddress: 11
rar
r r
Urantor"s`id° s _
ST'ATE;0 COUNTY O
The fore .oin instriment was acknowledged_before rrie this the e_ ` day of
who is:.personally known to me or has
produce) �c _._.__ _ s identification an .w.ho did/did not take an oath.
Signature Nototaryr.L eputy Clerk.
T printed Minfe ofNotaty!Depuiy Clerk
STWENSCOTTGRE81NAR
tdoraryPu411c-State nFFlaida
y Commission expires: conm:nnaGGa3?Q4
ftl&d NooghRaliWairvaBafyASSn.
Qidttclairn Deed:Parcel Control Number:08-Q-45-21-32-008-0010 Pane 2 of-2
EXHIBIT B
Staff Report & Backup
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT I BUILDING DIVISION
3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357
To: Chair and Members of the Building Board of Adjustments and Appeals
From: Shane Kittendorf, CBO, Building official
Date: June 7, 2019
Address: 1101-1103 N Federal Hwy
Request: Applicant requests an appeal of the Building Officials demolition order based on
Section 116, Unsafe Structures and Equipment of the Boynton Beach
Administrative Amendments to the 6th Edition Florida Building Code.
BACKGROUND SUMMARY
03/01/16, Community Standards notified the Building Department about a vehicle vs. a building
located at 1101-1103 N Federal Hwy on the corner of N. Federal Hwy and E MLK Blvd. Upon
arrival to the property it was noticed that the owner had already boarded up the south west
corner. Entry was requested by the Building Department staff to determine the extent of
structural damage. Access was denied to view the damage inside. Photographs were taken by
community standards and provided to the building department for review. Based on such
findings the property was posted unsafe requesting the owner to hire an engineer to access the
damage and hire a contractor to apply for permits to bring the said property into a safe and
habitable condition. No action was taken and a case was created with Community Standards, CE
16-0506. No applications to repair the building have been applied for to date.
12/16/18,the Building Official received a complaint from the adjacent property owner to the north
of property 1101-1103 N Federal Hwy as he has issues with homeless accessing his roof from the
neighbors large teared planter to the south and causing property damage to his building. The
property owner provided the Building Official with pictures of 1101N Federal Hwy's roof
deteriorating.
12/16/18,Deputy Building Official Kuntzman made a site visit to verify neighbors' concerns and
was provided access to his roof. It was clear upon a visual inspection,the property located at 1101-
1103 N Federal Hwy had structural damage with the failure of the existing roof system and the
collapsing of sheathing in several locations.
12/19/18, the property was posted with a Notice of Unsafe Building to repair, rehabilitate or
demolish per the Florida Building Code Boynton Beach Administrative Amendments Section
116.1.
03/19/19, the property was posted for the 2nd time with a Notice of Unsafe Building to repair,
rehabilitate or demolish and certified mail sent to all names and addresses on the Encumbrance
Report provided by the City of Boynton Beach Assistant City Attorney.
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT I BUILDING DIVISION
3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357
04/04/19, It was advised to Mrs. Ho she had the option to appeal to the Building Board of
Adjustment and Appeals to request a stay of demolition to allow adequate time to repair the unsafe
structure.
04/04/19,A written appeal was provided to the building department by Mrs. Ho to appear in
before the Board.
04/26/19, Upon review by the Building Official of the application and timeline provided by
Mrs. Ho it was determined that the information provided was deficient and did not provide
a clear and concise statement of relief sought before the board.
05/10/19, Mr. Ho met with DBO Kuntzman and administrative assistant Persaud to discuss the
denied application. He was provided a verbal guideline for the request of relief.
05/17/19, Mr. Ho resubmitted the Notice of Appeal Statement, although still insufficient the
Building Official will proceed with the hearing to prevent any further delays.
Mr. and Mrs. Ho is appealing the following code section to the Construction Board:
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All
such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered
by the building official to be abated by the owner, through repair and rehabilitation or by
demolition in accordance with the this Code. The extent of repairs shall be determined by the
building official. When the building official determines that an unsafe building, structure, or
service system cannot be reasonably repaired in accordance with this or the technical codes,it shall
be demolished in accordance with this section.
116.1.3 In case the owner, agent, or person in control cannot be found. Within the stated time
limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with
notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas,
mechanical or plumbing system or portion thereof, the building official, after having ascertained
the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing
system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or
unused. Taking such action does not create a continuing obligation on the part of the building
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT I BUILDING DIVISION
3301 Quantum Boulevard•Boynton Beach,FL 33426•(561)742-6350•Fax 742-6357
official to continue with maintaining such building, structure, or system; or create liability for any
damage to the property.
Criteria:
The owner, Mr. and Mrs. Ho is appealing the Building Officials demolition order of the 116.1
Unsafe Building located at 1101-1103 N Federal Hwy, Mr. and Mrs. Ho is requesting a stay of
demolition and time to hire a Design Professional(s)for permitting and the repair of said building.
Recommendations:
The City would request that the Unsafe Building either, 1) be demolished within 10 days by the
owner or, 2)be demolished by the City at the owners expense or, 3)that the Board issue an Order
Staying the Demolition to allow the owner an opportunity to repair the property within a strict and
agreed upon timeline to ensure this property is brought back into a safe and HABITABLE
CONDITION.
The City would also request if the Board does issue an Order Staying the Demolition, that the
Order specifically:
1. Provide that date on which the stay would expire
2. Direct that the City can proceed with the demolition at the expiration of the stay should the
applicant not repair the property AND bring the property back into a safe and habitable condition
as determined by the Building Official
3. That should demolition be required, the demolition of the building shall be at the owners
expense.
Attachments:
Exhibit A—Application and Applicant's Back-up
Exhibit B — Staff Back-up
Exhibit C—Pictures and Red Tags
Exhibit D— Sections 113 and 116 of the Boynton Beach Administrative Amendments
{00261469.1 306-9001821}
INTER-OFFICE CORRESPONDENCE
MEMORANDUM
TO: Shane Kittendorf,the City Building Official
FROM: David N. Tolces,Assistant City Attorney D727
DATE: January 17, 2019
RE: City of Boynton Beach ("City") / Unsafe Structure of Property located at 1101
North Federal Highway, Boynton Beach
Pursuant to your request, we have reviewed the Attorneys' Title Fund Services, LLC Title Search
Update ("TSR Update") dated January 17, 2019, (Effective Date of Search: December 18, 2018 @
11:00 PM through January 8, 2019) for the above referenced property. Based upon the TSR
Update, the owners of the property are Wing Ho and Karen Ho. Based upon this information, we
are providing you with the names and addresses of the Owners, Owners' representatives and
interested parties that must receive notice are as follows:
Wing Ho and Karen Ho (Owners)
9174 Chianti Court.
Boynton Beach, FL 33472
Karen Yeh Ho (Owner)
6826 Fiji Circle
Boynton Beach, FL 33437
A Notice of Unsafe Structure should be provided to the Owners,the Owners' representatives and all
interested parties at the above referenced addresses. Should you have any questions or concerns
regarding this matter,please do not hesitate to contact our office.
DNT:kml
{00276910.1306-9001821)
. I I��N)��III�Slil��III��III��I11 NII 11911��1
�_ff _a=a .9®.a a s eD a_a CH 'e
OR BK 30D338 PG 0940
PREPARED BY: RECORDED 01/02/2019 08:19:56
Karen Yeh Ho A111' 10.
Doc Stamp 0.70
'6826Fiji Circle Palm Beach County? Florida
Sharon R. BockrCLERK & COMPTROLLER
B ton Beach, FL 33437 Pss 0940 — 9416 (01R3s)
%AN �IKN
ING REQUESTED BY:
Ho
lachee Parkway#79B'
ee, FL 32301
RECORDED MAIL TO:
Wing "
9174 ChU Court
Boynton B FL 33472
MAIL TA TEMENTS TO:
Wing Ha'
9174 Chianti CF14472
Boynton Beach
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
Ot
QUITCLAIM DEED
KNOW ALL MEN BY SE PRESENTS THAT:
THIS.-QUITCLAIM DEED, a and entered into on the 31 th day..of,DECEMBER , 2018,
between BENJAMIN HO_(5 A SINGLE PERSON, WHOSE ADDRESS IS 2855
Apalachee Parkway 479B ("G and WING HO and KAREN HO, FIUS13AND AND
WIFE(FATHER and MOTHE ose address is 9174 CHIANTI COURT, BOYNTON
BEACH, FL 33472 ("GRANTEE")0
For and in consideration of the sum o n Dollars($10.00) and other good and valuable
consideration, the receipt and sufficiewhich is hereby acknowledged, Grantor hereby
Remises, Releases,AND FOREVER ims to GRANTEE, the property located in Palm
Beach, Florida County, Florida, describ
Mailing address: 1101, 1103 N. Federal Highway, ,Boynton Beach, FL 33435
Parcel Control Number: 08-43-45-21-32-008-0010
Legal Description:
LOT 1, BLOCK A, LAKE ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 71, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THE EAST 17
FEET OF LOT 1 (WHEN MEASURED AT RIGHT ANGLES TO THE.EAST LINE OF SAID
LOT),BLOCK A AND.THAT PART OF LOT ],'BLOCK A. WHICH IS INCLUDED IN Tt-IE
EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARC TANGENT TO THE SOUTH
LINE OF SAID_LOT 1, AND TANGENT TO A LINE 17 FEET WESTERLY OF AND
PARALLEL TO THE EAST LINE OF SAID LOT 1, BLOCK A.LAKE ADDITION TO
BOYNTON, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 11, PAGE 71.
Prior instrument reference: SPECIAL Warranty Deed, Volume[Book No 25434, Page 0464,
Recorded 09/06/2012 .1 i:27;53 Palm Beach County,Florida.Pgs 0464-0465 (2pgs),
Quitclaim Deed.: Parcel Control Number:08-43.45-21=32-008-0010 Page 1 oft
Book30338/Page941
CFN#20190000054
Page 2 of 2
Document No. , of the Reco.tier of T'a.!m Bea.rh.(.`vqnty, Flitt'.ida, record,,-d CIPIN
2612035 11122.
stltftLt.to ail, if an V, vf'�jid easements, rig)-Its Qf4 ay, CC`Ve•n3nts, :'��nd1 ICnS, reservations.and
Ir 'ons of record. Subject to tuxes for;.:119 and su'osequeat "ea.-s.
G .1 -ant;, ali o-f the Grantor''s.:I hts; title and intereat in a.ud to all, of he above described
pro nd taemises to the Grantee, and to the Gr:anice's heirs and.assigns forever iri fee
simpl that neither Grantoi nor Grantor's heirs lega'. representatives or assi.1ns shall have,
olairn, o�lnoand any-fight or title to the property,premises, or appurtenances, or any part
thereof.
O
W Wl"I NESS E-6F the grantor leas exec..uted this deed bn the_3 I th da}' of
2015: —
e
Late Grantor
0
ds Ir
ddl'tiSS: .19110 T
A-✓�fl )e
— -- – __ AC" S• Q 7 7 J j fV� y�ITwFY T
Urantor's `47 ess
:S/12Rr/ rNC:�/S
��tizD A P
S'T-A`I'L-0F--O------ --� COtJN'l.'Y C1'�-_.-. ��-�---�—�G-W—
The foregoing instrument was act nowledged.b,:�fore uric this the _ �'l _ day of
_-�E ----- -, '2018 by14__-._---who is pensonally known to me or has
produced {4p� `- _--_ __as identiiication and.w.ho did/did not take an oath.
Signature of Notdry/.Deputy Clerk.
S ro rrV_C,lir ►�R y Printed -funic of Notary/Depuiy Clerk
:•.tia�`6 •, STEV-
EN SCOTT GRE81NAR
i,. .`4•' Notary Putllic-State of Florida
My Commission expires.:
Commission d GG 103704
'- -w.yCOMM.€XPIres,JU4+4
y.'F�:;:'•�• Banded thiough Rational Notary Assn.
Qi iiclaim'Deed: Parcel Control Number: 08-43-44•=2 1-32-008-0010 Pare 2 of
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
DATE OF POSTED NOTICE: 12/19/18 VIA CERTIFIED MAIL®ULAR MAIL
TRACKING#
Karen Ho
9174 Chianti Ct
Boynton Beach,FL 33472
REF: 1101 – 1103 N Federal Hwy
Boynton Beach,FL 33415
Parcel Control Number: 08-43-45-21-32-008-0010
Subdivision: LAKE ADD TO BOYNTON
Official Records: Book 30338 Page 940
Legal Description: LAKE ADD TO BOYNTON LT 1 BLK A
RE: FBC 116 Unsafe Structures-Repair,Rehabilitate,or Demolish Structure
To whom it may concern:
Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code
(FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or
which constitutes a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute
a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures
or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner,
through repair and rehabilitation or by demolition in accordance with this Code.
Comments:
Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are
unsanitary, or that are deficient due to inadequate means of egress facilities,inadequate light and ventilation, or that
constitute a fire hazard,or in which the structure or individual structural members meet the definition of"Dangerous,"
or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or
inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed
unsafe.
• Inadequate maintenance -Roof system failing multiple areas of the deck,roof system not secured properly,
roof decking and trusses structural damage. FBC –Building 1503.1 General. Roof decks shall be covered
with approved roof coverings secured to the building or structure in accordance with the provisions of this
chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved
manufacturer's installation instructions such that the roof assembly shall serve to protect the building or
structure.
• Inadequate maintenance,Dangerous to human life or the public welfare—Structure located in a windborne
debris region. Immediate removal required to prevent large missile impacts to the adjacent structures.
Reference - FBC- Building 1609.1.2 Protection of openings. Glazed openings in buildings located in
windborne debris regions shall be protected from windborne debris.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
• Inadequate maintenance,Dangerous to human life or the public welfare—Structure struck by vehicle at the
SW corner of building. Evaluation. The building shall be evaluated by a registered design professional, and
the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the
damaged building, if repaired to its pre-damage state, would comply with the provisions of the Florida
Building Code, Building for load combinations that include wind or earthquake effects, except that the
seismic forces shall be the reduced FBC-level seismic forces.
• Inadequate maintenance — Exposed wires multiple locations around structure. Unsafe electrical system a
complete service review by a licensed electrical contractor required. NEC 2011 110.7 Wiring Integrity —
Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground
other than as required or permitted elsewhere in this Code.
• Inadequate light and ventilation — Property Board up — FBC, Building 1203.5 Natural ventilation of an
occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating
mechanism for such openings shall be provided with ready access so that the openings are readily controllable
by the building occupants. FBC Building 1203.5.1 Ventilation Required. The openable area of the openings
to the outdoors shall be not less than 4 percent of the floor area being ventilated.FBC Building 1205.1 Every
space intended for human occupancy shall be provided with natural light by means of exterior glazed
openings in accordance with Section 1205.2 or shall be provided with artificial light in accordance with
Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in
accordance with Section 1206. FBC Building 1205.2 The minimum net glazed area shall be not less than 8
percent of the floor area of the room served.
• Does not provide adequate egress,which constitutes a fire hazard—FBC Building 100 1.3 Maintenance.
Means of egress shall be maintained in accordance with the Florida Fire Prevention Code. FBC Building
1001.4 Fire safety and evacuation plans shall be provided for all occupancies and buildings where required
by the Florida Fire Prevention Code. Such fire safety and evacuation plans shall comply with the applicable
provisions of the Florida Fire Prevention Code. FBC Building
• Inadequate maintenance, Unsanitary conditions - No potable water to property — FBC, Plumbing 602.2
Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for
drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products.
Unless otherwise provided in this code,potable water shall be supplied to all plumbing fixtures.
• Inadequate maintenance -Multiple openings into attic and around the structure not protected to prevent
critters from entering. FBC,Building 1203.2.1 Openings into attic. Exterior openings into the attic space of
any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels,
rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less
than 1/16 inch(1.6 mm) and not more than 1/4 inch(6.4 mm)shall be permitted. Openings for ventilation
having a least dimension larger than 1/4 inch(6.4 mm) shall be provided with corrosion-resistant wire cloth
screening,hardware cloth,perforated vinyl or similar material with openings having a least dimension of
not less than 1/16 inch(1.6 mm)and not more than 1/4 inch(6.4 mm). Where combustion air is obtained
from an attic area,it shall be in accordance with Chapter 7 of the Florida Building Code,Mechanical.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Time Line for Compliance:
PERMIT APPLICATION SUBMITTAL—15 business days from the date of posted Notice(January 14,2019)
PERMIT ISSUED—45 days from date of posted Notice (February 27,2019)
• Make sure to hire a design professional and contractor who knows the Florida Building Code and the Plan
Review process. Failing a plan review will not grant an extension of time.
FINAL INSPECTIONS COMPLETED -Notice of Completion issued by Building Official—90 days from date of
posted Notice. (April 30,2019)
Based on this determination you are hereby ordered to have the BUILDING/STRUCTURE repaired and rehabilitated
or demolished within ninety (90) calendar days from the date of this notice (April 30, 2019)in accordance with
Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6"Edition(2017)Florida Building Code.
If such owner, agent,or person in control shall fail,neglect,or refuse to comply with notice to repair,rehabilitate,or
to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
the building official, after having ascertained the cost may take action to cause such buildings, structures or service
systems TO BE DEMOLISHED.
If you disagree with the building being declared unsafe; per Section 116.4 of the Boynton Beach Administrative
Amendments to the 6"Edition(2017)Florida Building Code; "The owner, agent, or person in control of an unsafe
structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to
appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they
should not comply with said notice".An application of appeal should be filed in writing and hearing costs paid by the
affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office,within(30 days)of
the date of this Notice. The fee to cover hearing costs is two hundred and fifty ($250.00) dollars per the Building
Division Fees under Section III(B).
Upon expiration of the thirty (30)day period per Section 113.4.4 of the Boynton Beach Administrative Amendments
to the 6"Edition(2017)Florida Building Code,the affected owner or duly authorized agent waives any further right
of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will
be demolished by the City; accordingly, the costs incurred will be charged to the owner per Section 116.3 of the
Boynton Beach Administrative Amendments to the 6"Edition(2017)Florida Building Code.
If you should have any questions or would like to meet to discuss this action please contact me in the Building Division
at(561)742-6352. Thank you.
Sincerely,
E
D A,
Shane Kittendorf CBO, CFM
Building Official
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(12/19/2018)
The owner or other interested parties for the structure located at (1101 N Federal Hwy
Boynton Beach, FL 33412), are hereby notified that the City of Boynton Beach, Florida
will proceed to have the building, structure or system repaired, demolished or removed
(90 days) after the date of this Notice, if said building, structure or system is not
substantially repaired, demolished or removed by that date. All costs incurred by the City
in connection with the repair, demolition or removal will be assessed against the property.
If, as a result of this Notice, the building, structure or system is substantially repaired,
demolished, or removed by the owner, notice is hereby given that work to abate the
unsafe condition requires building permits and inspections for code compliance, and all
related fees are required to be paid prior to performing the work or receiving certification
of code compliance. To request an extension of time, the owner should contact (Shane
Kittendorf, Building Official (561) 742-6352) within ten (10) days of the date of this Notice.
Said request for extension must be made in writing to the building official.
An affected owner or duly authorized agent has the right to appeal this action to the
Building Board of Adjustment and Appeals. An application of appeal should be filed in
writing and hearing costs paid by the affected owner or duly authorized agent, at the City
of Boynton Beach Building Division Office, within (30 days) of the date of this Notice. The
fee to cover hearing costs shall be established by ordinance.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
DATE OF POSTED NOTICE: 03/07/19 VIA CERTIFIED MAIL®ULAR MAIL
Wing Ho and Karen Ho
1101-1103 N Federal Highway
Boynton Beach,FL 33435
REF: 1101 – 1103 N Federal Hwy
Boynton Beach,FL 33435
Parcel Control Number: 08-43-45-21-32-008-0010
Subdivision: LAKE ADD TO BOYNTON
Official Records: Book 30338 Page 940
Legal Description: LAKE ADD TO BOYNTON LT 1 BLK A
RE: FBC 116 Unsafe Structures-Repair,Rehabilitate,or Demolish Structure
To whom it may concern:
Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code
(FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or
which constitutes a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute
a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures
or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner,
through repair and rehabilitation or by demolition in accordance with this Code.
Comments:
Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are
unsanitary, or that are deficient due to inadequate means of egress facilities,inadequate light and ventilation, or that
constitute a fire hazard,or in which the structure or individual structural members meet the definition of"Dangerous,"
or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or
inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed
unsafe.
• Inadequate maintenance -Roof system failing multiple areas of the deck,roof system not secured properly,
roof decking and trusses structural damage. FBC –Building 1503.1 General. Roof decks shall be covered
with approved roof coverings secured to the building or structure in accordance with the provisions of this
chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved
manufacturer's installation instructions such that the roof assembly shall serve to protect the building or
structure.
• Inadequate maintenance,Dangerous to human life or the public welfare—Structure located in a windborne
debris region. Immediate removal required to prevent large missile impacts to the adjacent structures.
Reference - FBC- Building 1609.1.2 Protection of openings. Glazed openings in buildings located in
windborne debris regions shall be protected from windborne debris.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
• Inadequate maintenance,Dangerous to human life or the public welfare—Structure struck by vehicle at the
SW corner of building. Evaluation. The building shall be evaluated by a registered design professional, and
the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the
damaged building, if repaired to its pre-damage state, would comply with the provisions of the Florida
Building Code, Building for load combinations that include wind or earthquake effects, except that the
seismic forces shall be the reduced FBC-level seismic forces.
• Inadequate maintenance — Exposed wires multiple locations around structure. Unsafe electrical system a
complete service review by a licensed electrical contractor required. NEC 2011 110.7 Wiring Integrity —
Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground
other than as required or permitted elsewhere in this Code.
• Inadequate light and ventilation — Property Board up — FBC, Building 1203.5 Natural ventilation of an
occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating
mechanism for such openings shall be provided with ready access so that the openings are readily controllable
by the building occupants. FBC Building 1203.5.1 Ventilation Required. The openable area of the openings
to the outdoors shall be not less than 4 percent of the floor area being ventilated.FBC Building 1205.1 Every
space intended for human occupancy shall be provided with natural light by means of exterior glazed
openings in accordance with Section 1205.2 or shall be provided with artificial light in accordance with
Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in
accordance with Section 1206. FBC Building 1205.2 The minimum net glazed area shall be not less than 8
percent of the floor area of the room served.
• Does not provide adequate egress,which constitutes a fire hazard—FBC Building 100 1.3 Maintenance.
Means of egress shall be maintained in accordance with the Florida Fire Prevention Code. FBC Building
1001.4 Fire safety and evacuation plans shall be provided for all occupancies and buildings where required
by the Florida Fire Prevention Code. Such fire safety and evacuation plans shall comply with the applicable
provisions of the Florida Fire Prevention Code. FBC Building
• Inadequate maintenance, Unsanitary conditions - No potable water to property — FBC, Plumbing 602.2
Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for
drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products.
Unless otherwise provided in this code,potable water shall be supplied to all plumbing fixtures.
• Inadequate maintenance -Multiple openings into attic and around the structure not protected to prevent
critters from entering. FBC,Building 1203.2.1 Openings into attic. Exterior openings into the attic space of
any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels,
rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less
than 1/16 inch(1.6 mm) and not more than 1/4 inch(6.4 mm)shall be permitted. Openings for ventilation
having a least dimension larger than 1/4 inch(6.4 mm) shall be provided with corrosion-resistant wire cloth
screening,hardware cloth,perforated vinyl or similar material with openings having a least dimension of
not less than 1/16 inch(1.6 mm)and not more than 1/4 inch(6.4 mm). Where combustion air is obtained
from an attic area,it shall be in accordance with Chapter 7 of the Florida Building Code,Mechanical.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Time Line for Compliance:
PERMIT APPLICATION SUBMITTAL—15 business days from the date of posted Notice(March 27,2019)
PERMIT ISSUED—45 days from date of posted Notice (May 8,2019)
• Make sure to hire a design professional and contractor who knows the Florida Building Code and the Plan
Review process. Failing a plan review will not grant an extension of time.
FINAL INSPECTIONS COMPLETED -Notice of Completion issued by Building Official—90 days from date of
posted Notice. (July 12, 2019)
Based on this determination you are hereby ordered to have the BUILDING/STRUCTURE repaired and rehabilitated
or demolished within ninety (90) calendar days from the date of this notice (July 12, 2019) in accordance with
Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6"Edition(2017)Florida Building Code.
If such owner, agent,or person in control shall fail,neglect,or refuse to comply with notice to repair,rehabilitate,or
to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
the building official, after having ascertained the cost may take action to cause such buildings, structures or service
systems TO BE DEMOLISHED.
If you disagree with the building being declared unsafe; per Section 116.4 of the Boynton Beach Administrative
Amendments to the 6"Edition(2017)Florida Building Code; "The owner, agent, or person in control of an unsafe
structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to
appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they
should not comply with said notice".An application of appeal should be filed in writing and hearing costs paid by the
affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office,within(30 days)of
the date of this Notice. The fee to cover hearing costs is two hundred and fifty ($250.00) dollars per the Building
Division Fees under Section III(B).
Upon expiration of the thirty (30)day period per Section 113.4.4 of the Boynton Beach Administrative Amendments
to the 6"Edition(2017)Florida Building Code,the affected owner or duly authorized agent waives any further right
of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will
be demolished by the City; accordingly, the costs incurred will be charged to the owner per Section 116.3 of the
Boynton Beach Administrative Amendments to the 6"Edition(2017)Florida Building Code.
If you should have any questions or would like to meet to discuss this action please contact me in the Building Division
at(561)742-6352. Thank you.
Sincerely,
E
D A,
Shane Kittendorf CBO, CFM
Building Official
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach,Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(03/07/2019)
The owner or other interested parties for the structure located at (1101 N Federal Hwy
Boynton Beach, FL 33435), are hereby notified that the City of Boynton Beach, Florida
will proceed to have the building, structure or system repaired, demolished or removed
(90 days) after the date of this Notice, if said building, structure or system is not
substantially repaired, demolished or removed by that date. All costs incurred by the City
in connection with the repair, demolition or removal will be assessed against the property.
If, as a result of this Notice, the building, structure or system is substantially repaired,
demolished, or removed by the owner, notice is hereby given that work to abate the
unsafe condition requires building permits and inspections for code compliance, and all
related fees are required to be paid prior to performing the work or receiving certification
of code compliance. To request an extension of time, the owner should contact (Shane
Kittendorf, Building Official (561) 742-6352) within ten (10) days of the date of this Notice.
Said request for extension must be made in writing to the building official.
An affected owner or duly authorized agent has the right to appeal this action to the
Building Board of Adjustment and Appeals. An application of appeal should be filed in
writing and hearing costs paid by the affected owner or duly authorized agent, at the City
of Boynton Beach Building Division Office, within (30 days) of the date of this Notice. The
fee to cover hearing costs shall be established by ordinance.
EXHIBIT C
Pictures
PERMIT NO. INSPECT ORS'OFFICE
HOURS: 7:30-8:00 AM
INSPECTORS' PHONL
' APPROVED
'ADDRESS:
GAS
CORRECTIONS MUST BE MADE AS NOTED:
..........
BBA TO FBC - REQUIRED INSPECTIONS
BBA TO FBC - PERMIT REQUIRED
.............. BBA TO FBC - NO PERMIT OR PLANS
AVAILABLE FOR INSPECTION
........... .......... ..................
71 STOP WORK! 9! VIOLATION! CORRECT AS NOTED
7j REINSPECTION FEE OF $ MUST BE PAID IN
PERSON AT THE BUILDING DIVISION
rl CALL 742-6355 FOR REINSPECTION UP LJNTIL 4-OOPM.
IW.
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EXHIBIT D
2017 Boynton Beach
Administrative Amendments
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment
and Appeals, which shall consist of seven members and two alternates.The applicable governing body
shall appoint the Board.
113.2 Membership and Terms.
113.2.1 Membership.The Building Board of Adjustment and Appeals shall consist of seven
members. Such board members shall be composed of individuals with knowledge and
experience in the technical codes to include,to the greatest extent possible, an architect,
engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and
any other contractor licensed category. In addition to the regular members,there should be two
alternate members, one member with the qualifications referenced above and one member at
large from the public. A board member shall not act in a case in which he or she has a personal
or financial interest.
113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than
one-third of the board is appointed or replaced in any 12-month period. The two alternates, if
appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the
manner in which original appointments are required to be made.
113.2.2.2. Removal from office. Members shall be automatically removed for lack of
attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings
or a failure to attend more than one-half of the meetings scheduled during a calendar year.
Participation for less than three-fourths of a meeting shall be the same as a failure to attend a
meeting. Members removed pursuant to this provision shall not continue to serve on the board
and such removal shall create a vacancy.
113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying
any provision of this code,the affirmative votes of the majority present, but not less than three
affirmative votes, shall be required. In modifying a decision of the building official, not less than
four affirmative votes, but not less than a majority of the board, shall be required. In the event
that regular members are unable to attend a meeting,the alternate members, if appointed, shall
vote.
113.2.4 Secretary of board.The building official or his/her authorized representative shall act as
secretary of the board and shall make a record of all of its proceedings, which shall set forth the
reasons for its decision,the vote of each member,the absence of a member, and any failure of a
member to vote.
113.3 Powers.The Building Board of Adjustments and Appeals shall have the power, as further defined
in 113.4 of this code,to hear appeals of decisions and interpretations of the building official and
consider variances of the technical codes.
113.4 Appeals.
113.4.1 Decision of the building official.The owner of a building, structure or service system, or
duly authorized agent, may appeal a decision of the building official to the Building Board of
Adjustment and Appeals whenever any one of the following conditions are claimed to exist:
1.The building official rejected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a building,
structure or service system.
2.The provisions of this code do not apply to this specific case.
3.That an equally good or more desirable form of installation can be employed in any specific
case, which the building official has rejected or refused.
4.The true intent and meaning of this code or any of the regulations hereunder have been
misconstrued or incorrectly interpreted.
113.4.2 Variances.The Building Board of Adjustments and Appeals, when upon written request,
has been so appealed to and after a hearing, may vary the application of any provision of this
code to any particular case when, in its opinion,the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this or the technical codes or public
interest, and also finds all of the following:
1.That special conditions and circumstances exist which are peculiar to the building, structure or
service system involved and which are not applicable to others.
2.That the special conditions and circumstances do not result from the action or inaction of the
applicant.
3.That granting the variance requested will not confer on the applicant any special privilege that
is denied by this code to other buildings, structures or service system.
4.That the variance granted is the minimum variance that will make possible the reasonable use
of the building, structure or service system.
5.That the grant of the variance will be in harmony with the general intent and purpose of this
code and will not be detrimental to the public health, safety and general welfare.
113.4.2.1 Conditions of the variance. In granting the variance,the board may prescribe a
reasonable time limit within which the action for which the variance is required shall be
commenced or completed or both. In addition,the board may prescribe appropriate
conditions and safeguards in conformity with this code. Violation of the conditions of a
variance shall be deemed a violation of this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days
after the building official renders the decision. Appeals shall be in a form acceptable to the
building official.
113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or
service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous,
the building official may, in the order, limit the time for such appeals to a shorter period.
113.5 Procedures of the board.
113.5.1 Rules and regulations.The board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of this code.The board shall meet on call of the
chairman, subsequent to a request to call a meeting by the secretary.The board shall meet
within 30 calendar days after notice of appeal has been received.
113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due
process should be observed and govern the proceedings. Upon determination by the
chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all
other evidence of a type commonly relied upon by reasonable, prudent persons in the
conduct of their affairs shall be admissible, whether or not such evidence would be
admissible in a trial in the courts of Florida. Any part of the evidence may be received in
written form.The Board may request certain evidence from the petitioner to be provided by
an architect or engineer registered in the State of Florida, in which case, said evidence shall
be signed, sealed, and dated.
113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may
inquire of, or question, any witness before the Board.Any member of the Board,the
petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any
witness before the Board.The Board may consider testimony presented by the building
official,the petitioner, or any other witness.
113.5.2 Decisions.The Building Board of Adjustment and Appeals shall, in every case, reach a
decision without unreasonable or unnecessary delay. Each decision of the board shall also
include the reasons for the decision. If a decision of the board reverses or modifies a refusal,
order, or disallowance of the building official or varies the application of any provision of this
code,the building official shall immediately take action in accordance with such decision. Every
decision shall be promptly filed in writing in the office of the building official and shall be open to
public inspection. A certified copy of the decision shall be sent by mail or otherwise to the
appellant and a copy shall be kept publicly posted in the office of the building official for two
weeks after filing. Every decision of the board shall be final; subject however to such remedy as
any aggrieved party might have at law or in equity.
113.6 Local Construction Regulation Board.The local government may also utilize this Board to
convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute
489.113.The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to
obtain a building permit or permit with specific conditions, if the LCRB has found such contractor,
through public hearing,to be guilty of fraud or a willful building code violation within the county or
municipality that the LCRB represents.The LCRB may also, deny, suspend, revoke or limit the
authority of a certified contractor to obtain a building permit or permit with specific conditions, if
it has proof through the public hearing process,that a contractor has been found guilty in
another county or municipality within the past 12 months, of fraud or a willful building code
violation and after providing notice of an opportunity to be heard to the contractor,finds that
such fraud or violation would have been fraud or a violation if committed in the county or
municipality that the LCRB represents. Notification of and information concerning such permit
denial shall be submitted to the division within 15 days after the LCRB decides to deny the
permit.
Boynton Beach Amendments 6th Edition 2017 Florida Building Code
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing
systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings,
structures or service systems are hereby declared illegal and shall be ordered by the building official to
be abated by the owner,through repair and rehabilitation or by demolition in accordance with the this
Code.The extent of repairs shall be determined by the building official. When the building official
determines that an unsafe building, structure, or service system cannot be reasonably repaired in
accordance with this or the technical codes, it shall be demolished in accordance with this section.
116.1.1 When the building official determines a building, structure, electrical,gas, mechanical or
plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner,
agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a
written notice of violation stating the defects thereof.This notice shall require the owner within a stated
time either to complete specified repairs or improvements, or to demolish and remove the building,
structure, electrical, gas, mechanical or plumbing system or portion thereof.
116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the
record owner(s) of the real property upon which the unsafe building, structure, system is located,the
building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building,
structure or system, and a copy shall be recorded in the public records of Palm Beach County.
116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published
simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be
substantially in the following form:
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(Insert Date of Notice)
The owner or other interested parties for the structure located at (address), are hereby notified that the
City of Boynton Beach, Florida will proceed to have the building, structure or system repaired,
demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or
system is not substantially repaired, demolished or removed by that date. All costs incurred by the City
in connection with the repair, demolition or removal will be assessed against the property. If, as a result
of this Notice,the building, structure or system is substantially repaired, demolished, or removed by the
owner, notice is hereby given that work to abate the unsafe condition requires building permits and
inspections for code compliance, and all related fees are required to be paid prior to performing the
work or receiving certification of code compliance.To request an extension of time,the owner should
contact (Contact Person and Phone Number)within ten (10) days of the date of this Notice. Said request
for extension must be made in writing to the building official. An affected owner or duly authorized
agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application
of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized
agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of
this Notice.The fee to cover hearing costs shall be established by ordinance.
116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided
herein,together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and
Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the
notice requirements of this Section have been met,without regard to whether or not the owner actually
received said notice.
116.1.2 If necessary,the notice shall also require the building, structure, electrical, gas, mechanical,
plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or
reconnected until the specified repairs and improvements are completed, inspected and approved by
the building official.The building official shall post at each entrance to the building a placard stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is
completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other
servants,to remove the posting without written permission of the building official, or for any person to
enter the building, or use the building or system(s) except for the purpose of making the required
repairs or of demolishing same.
116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if
such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair,
rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing
system or portion thereof,the building official, after having ascertained the cost may take action to
cause such building, structure, electrical,gas, mechanical or plumbing system or portion thereof,to be
demolished, secured, repaired, or required to remain vacant or unused.Taking such action does not
create a continuing obligation on the part of the building official to continue with maintaining such
building, structure, or system; or create liability for any damage to the property.
116.1.4 The decision of the building official shall be final in cases of emergency,which, in the opinion of
the building official, involve imminent danger to human life or health, or the property of others. He/she
shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion
thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure
or land on which it stands, or abutting land or structures, with such assistance and at such cost as he
may deem necessary. He/she may order the vacating of adjacent structures and may require the
protection of the public by appropriate fence or such other means as may be necessary, and for this
purpose may close a public or private way.
116.2 Reserved.
116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be
charged to the owner of the premises involved. If charges are not paid within a ten (10) day period
following mailing of the billing notification sent by certified mail,the owner of the premises will be
charged in the following manner:
1.The building official shall assess the entire cost of such vacation, demolition, securing, or removal
against the real property upon which such cost was incurred, which assessment shall include but not be
limited to all administrative costs, postal expenses, and shall constitute a lien upon such property
superior to all others except taxes.
2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the
nature of such lien,the amount thereof and an accurate legal description of the property, including the
street address,which lien shall be effective from the date of filing and recite the names of all persons
notified and interested persons. After three (3) months from the filing of any such lien which remains
unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.
Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per
annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency.
116.4 Appeal.The owner, agent, or person in control of an unsafe structure or system shall have the
right to appeal the decision of the building official, as provided hereinafter, and to appear before the
Building Board of Adjustments and Appeals at a specified time and place to show cause why they should
not comply with said notice.
CITY OF BOYNTON BEACH
BUILDING BOARD OF ADJUSTMENT AND APPEALS
IN RE: APPEAL FROM ORDER OF DEMOLITION
Applicants: Wing Kei Ho and Karen Ye h Ho
ORDER GRANTING STAY OF DEMOLITION
The April 04, 2019 appeal filed by Wing Kei Ho and Karen Yeh Ho (hereinafter referred to as
('*Applicant") came before the City's Building Board of Adjustment and Appeals on August 14,
2019 for hearing. The Applicant appealed aDecember 19, 2018 Notice of Unsafe Building
issued by Shane Kittendorf, Building Official of the City of Boynton Beach. The applicant
represented himself.
The City's Building Board ofAej ustment and Appeals(hereinafter referred to as the"Board")
after review of the testimony and evidence provided by the Building Official, and the arguments
of Applicant and his attorney finds:
1. The Building Official has determined that property owned by Applicant located at 1101-
1103
101-1103 N. Federal Highway in. Boynton. Beach, Florida is un safe,unsanitary,afire
hazard,and dangerous to human life which is supported by the record and is not
disputed.
2. By issuance ofhis December 19, 2018 Notice of Unsafe Building,the Building
Official advised the Applicant of his findings and ordered the repair,rehabilitation or
demolition of the unsafe building.
3. The Applicant filed their appeal of the Building Official's notice and sought an
extension oftime to repair and rehabilitate the property and thereby avoid its demotion by
the City.
4. The applicant contest the unsafe condition of the building but asserted that the
building can be repaired to a safe condition if given a reasonable period of time to
effectuate the repairs.
5. The Board, following testimony of the Applicant and.the Building Official finds that
the Applicant has 30 days to come up with their own engineering report that shows the
structure's walls are fine so there is no imminent danger to the Public and a
continuance hearing scheduled.
1* The Board finds that the building is unsafe but that the Applicant should be granted 30
days for an independent engineering report by the Applicant's engineer to determine
the safety of the building. The board motion to continue the hearing and granted 30
days to seek a structural engineering report and a copy filed with the Building Official
before the hearing continues so there is an opportunity to evaluate it.
7. Motion: Mr. Podray offered a motion for discussion. Applicant have 30 days to
get a structural. engineer or the equivalent inside that building to deem it a safe
structure and if that is satisfactory and he produce a report to the Building
Official's satisfaction, give thein 1.8 months, because they would do so for the
rehab. Ile thought as long as the building is safe, the Board should not enter a
slippery slope argument that debates what constitutes a structural compromised
roof versus a leaky roof or what rot looks like on the soffit. He suggested 30 days
to prove it safe, and if that is the case, they will bring it to the 18 months according
to the motion and the Applicant could do with whatever they want with the
building. Chair Guiritzky thought there should be a separate motion extending to
18 .months. The motion was repeated as: "The Florida I.,icen.ses Structural Engineer
must submit a certified report to the City within 30 days and then the City has
another `reek to review, and from there they will move ahead. It must be a Florida
licensed professional." The Board would need to meet to evaluate the evidence, the
Building Official's response to it, the engineer's report itself and then make a
determination how much time, if any, is necessary to effectuate repairs.
8. The public record, including, but not limited to, the Building Official's reports,
memoranda, comments and recommendations on the appeal, agenda back-up before the
Building Board of Adjustment and Appeals,along with the record established before the
Building Board of Adjustment and Appeals on August 14, 2019, are hereby
incorporated byreference.
9. The Board retains jurisdiction of this appeal to issue supplemental orders it deems
necessary to remedy its finding that the building owned by Applicants is unsafe.
elt-
DONE AND ORDERED this 2ST
day of ,2019 in the City of Boynton Beach,
Florida.
Sanford Gu€itzk , Chairman
CITY Ol'f BUY 1[) 3LACH
BUILDING BOARD OF ADJUSTMENT
AND APPEALS
Cry tal Gibson, City Clerk