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Minutes 11-15-17 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 15, 2017, AT 9 A.M. PRESENT: Carol Dutra Ellis, Community Standards Special Magistrate Mark Woods, Community Standards Director Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Assistant I. CALL TO ORDER Carol Ellis, Community Standards Special Magistrate, called the Hearings to order at 9:00 a.m., and explained the magistrate's role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. Also, that a fine will be imposed if the violation(s) are not corrected by the deadline. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. CHANGES TO THE AGENDA Item Case No. Status 2 17-796 Complied 3 17-800 Removed 4 17-1025 Complied 7 17-1322 Complied 10 17-1442 Removed 11 17-1596 Complied 12 17-1603 Complied 13 17-1620 Removed 15 17-1460 Removed 16 17-1163 Complied 18 17-1448 Removed 26 17-1190 Complied 53 16-56 Tabled for six months ROLL CALL Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 III. NEW BUSINESS Case Hearings Case No. 17-915 Southern Engineering & Construction Property Address: 204 NW 6t" Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH15 SECT 15-120 INCL CO CH15 SECT 15-120E 10-2 BBC of Ordinances Remove blue tarp and repair roof. De-weed and repair fences, sod yard. Trim Florida holly. Remove outside storage. Officer Scott presented the case, which was a routine inspection. The initial inspection date was May 26, 2017. Not a repeat violator. Initial courtesy notice issued June 30, 2017. Thirty days were given to comply. Green card dated October 24, 2017. City recommended 30 days from printed order for compliance, or$75 a day. Has spoken with Mr. Nicholas several times, has attempted to but not spoken with the tenant. Tenant informed of responsibility for all exterior as outlined in the lease. Owner having difficulty coordinating with tenant, but is willing to help. Date of last inspection was October 13, 2017, and Officer Scott has pictures for Ms. Ellis. Tarp has been removed, roof has been repaired, paint on exterior has been removed, all other violations still exist. Permit for fence repair is needed unless removed altogether. Nicholas Arsali, owner and managing director of LLC, clarified that no repair is needed of the fence, it just needs to be cleaned up and gate put back on the track, so permit should not be needed. Would like 60 days to comply. Officer Scott will confirm with Building Department whether the fence needs any permits, and is okay with 60 days compliance as it is tenant's responsibility. Decision Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or $75 a day. Case No. 17-1038 Boynton Beach Mall, tenant Aeropostal Property Address: 801 N Congress Ave Type of Property: Commercial Violation(s): CH 9 NFPA 101 9.7.1.1 CH 9 NFPA 13 9.2.7 John Moore, Assistant Fire Marshal, presented the case, which is up on routine inspection. Notice of violation June 16, 2017. All violations pertain to Aeropostal store. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Emergency lights need service, provide missing concealed sprinkler plate in restroom. Original hearing date August 16, 2017. Respondent did appear, Ed Boylen, General Manager, Boynton Beach Mall. Compliance date September 30, 2017. Fine proposed was $200 per day plus administrative fees. Date complied October 10, 2017. Ten days of non-compliance at $200 per day, plus administrative fees of $730.15. Mr. Boylan ultimately made the repairs on behalf of the Mall, and Mr. Moore recommends the fees be waived. Edward Boylen, Manager, presented authorization to appear on behalf of owner. Has nothing to add to Mr. Moore's presentation of difficult tenant. Decision Based on testimony, Ms. Ellis waived all outstanding fees in this case; case closed. Case No. 17-670 S, H, J Lindsay & J Middleton Property Address: 1200 NW 1St St Type of Property: Single-family, homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL CO CH15 SECT 15-120D INCL CO CH15 SECT 15-120E INCL Apply for and pass inspection to obtain a certificate of use and occupancy. Install sod in yard and swale. Paint house. Officer Cain presented the case, which was a routine inspection. Initial inspection date April 24, 2017. Not a repeat violator. Initial written notice was April 24, 2017. Thirty days were given to comply. Green card signed October 19, 2017. Date property last inspected November 15, 2017. There is no health and safety hazard. City recommended 30 days from printed order for compliance, or $50 a day. Officer Cain gave pictures to Ms. Ellis. Herb Lindsay, co-owner, lives on property with family, and understands nature of violations. States there is a sprinkler system for the grass, but has been inoperable past few months. Has asked Officer Cain, who said grass could be put down on top of existing lawn and swale. Office Cain confirmed that the entire house needs to be painted. Mr. Lindsay claimed current unemployment, and painting now would be a hardship, also noting that the sprinkler system is fed by a well which continues to change the color of the house. Decision Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or $50 a day. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-1263 Vesline, Goulie & Evinc Pierre Property Address: 1521 N Seacrest Blvd Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-120D CO CH10 SECT 10-2 Remove outdoor storage. Sod property and remove trash and debris. Repair fence. Officer Cruz presented the case. The initial inspection date was July 20, 2017. A signed, Certified No Receipt is on file, dated October 6, 2017. Property last inspected November 14, 2017. City recommended 30 days from printed order for compliance, or $50 a day. Ms. Ellis ascertained that no application for the permit has yet been made. Fence has been removed. Overgrowth has been removed and outdoor storage complied. Only outstanding item is the sod. Vesline Pierre, co-owner, understands the nature of the remaining violation and what needs to be done. Ms. Pierre requested additional time to comply. Decision Based on testimony, Ms. Ellis ordered 45 days compliance as stated on the Board Order, or $50 a day. Case No. 17-1080 Lansky Heritage Holdings, LLC Property Address: 189 SE 27th Place Type of Property: Multi-family Violation(s): CO CH15 SECT 15-120D INCL CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL De-weed and re-rock driveway. Mow yard. Apply for and pass inspection for a business tax receipt and certificate of use license. Officer Scott presented the case, which was a routine inspection. The initial inspection date was June 19, 2017. Not a repeat violator. Initial courtesy notice issued July 25, 2017. Thirty days were given to comply. Green card dated October 30, 2017. BTR has been applied for as of November 13, 2017; however, property has not yet been inspected. No health and safety hazard. No hurricane hazard. City recommended 30 days from printed order for compliance, or $75 a day. Officer Scott had pictures for Ms. Ellis. Guy de Havilande, owner, understands nature of remaining work to be done. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Decision Based on testimony, Ms. Ellis ordered 30 days compliance as stated on the Board Order, or $75 a day. Case No. 17-372 Design Man LLC Property Address: 430 NW 6t" Ave Type of Property: Single-family Violation(s): LDR CH3 ART5 SECT 3-E Removed shipping containers from property. Officer Hart presented the case, which was a city referral. Initial inspection date March 8, 2017. Not a repeat violator. Initial notice posted via door-hanger March 8, 2017. Thirty days were given to comply. Date notice posted on property and at City Hall was November 3, 2017. Officer Hart spoke to resident who stated the shipping containers would not be moved, had plans to put more containers on the property. Per code, they are allowed there for 45 days then must be removed. Date property last inspected November 14, 2017. City recommended 15 days from printed order for compliance, or $100 a day. Officer Cain gave pictures to Ms. Ellis. Louis Kallianta and Ramona Young, representing Jason Robinson, owner, presented authorization of agent form to appear on behalf of owner, who is currently out of the country. The representatives understand the nature of the violation, however, state the issue is that the owner is in the process of building with the containers. Mr. Robinson is a designer and his goal is to build with them, not use them as storage. Ms. Young stated no permits have been pulled as architect is still working on the plans. Ms. Ellis looked at design concept of a two-story residential home, and reviewed the Code regulation under Article 5 which sets the time limit of 45 days for mobile or temporary storage container units. Ms. Young claimed the notice was too short for Mr. Robinson to return for the hearing, but had spoken with Officer Hart; Officer Hart stated the owner knew well before the property was posted when the hearing would be. Discussion ensued as to the type of storage containers, current trends in building with containers, and that the containers are to be the actual building materials. Ms. Ellis stressed that the owner has gone past the 45 days and still has not filed for any permits, so must require that the structures/containers be removed within 15 days as they are an eyesore to the community. Proper channels with the Planning & Zoning Department will have to be pursued if a waiver to the Code is desired. Decision Based on testimony, Ms. Ellis ordered 20 days compliance as stated on the Board Order, or $100 a day. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-893 Love & McClea Predelus Property Address: 2910 SE 2nd St Type of Property: Single-family, homesteaded Violation(s): 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 Renew/reapply and revise expired permits for work that was done as interior remodel per Red Tag posted by Building Department. Permit required for shed. Obtain Business Tax Receipt for the rental property/homeowner, and also for the activity Summer's Rain LLC being conducted in the residence. Apply for and pass inspection and obtain a certificate of use and occupancy for the homeowner and the activity being conducted in the residence. Officer Hart presented the case, which was a city referral. Initial inspection date May 31, 2017. Not a repeat violator. Initial notice of violation was June 12, 2017, via curtesy notice. Fifteen days were given to comply. Date notice posted on property and at City Hall was November 3, 2017. A BTR has not been applied for 2018 for either the business or the owner, nor has a permit been applied for either the shed or the previous work. Property is currently occupied. Date property last inspected November 14, 2017. City recommended 30 days from printed order for compliance, or $200 a day. This property is currently being used as an assisted living facility, which is the basis for concern over unpermitted work. Officer Hart states the nature of the work is converting a duplex into a single unit, and has yet to inspect the interior of the property. Dr. Love Predelus, administrator and owner of Summer's Rain LLC Assisted Living, gave an overview of the assisted living facility, and the work being required is an electrical panel in order to get the permit. Work was completed, City canceled two scheduled inspection dates, then recently the violations began arriving. A general contractor has been hired to complete the work, who has requested 90 days to complete all the requirements. Currently four elderly people are living there, two on each side of the duplex; once work is completed for a single unit, ten people will be allowed. Residents were not present when the initial work was completed, and the electrical panel is on the outside, away from residents. There are two live-in attendants. Ms. Ellis's primary concern is that the BTRs are outstanding and business has been conducted over six months. Permit must be applied for, inspection made, and approved within 60 days. Decision Based on testimony, Ms. Ellis ordered 60 days compliance as stated on the Board Order, or $200 a day. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-1809 James Cary & Norma F, et al., Title Holders Property Address: 2604 Aspen Way Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-123 CO CH15 SECT 15-123 Unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the State to establish permanent residence! AA Single Family or temporary residence within 2,500 feet of any school, designated bus stop, day care center, park, playground, or any other place where children regularly congregate. Offender: Wayne Lawrence Telfer [phonetic] Officer Hart presented the case, which was a city referral. Initial inspection date September 1, 2017. Initial written notice of violation was September 1, 2017. Thirty days were given to comply. Date notice posted on property and at City Hall was October 31, 2017. Per the FDLE website, Mr. Telfer still resides on the property. Date property last inspected November 14, 2017. City recommended 30 days from printed order for compliance, or $50 a day. Ms. Ellis ascertained from provided map that the vicinity/proximity is within five public bus stops. James Cary, owner, stated that Wayne Lawrence Telfer has been an employee since July 2017, working as a driver and personal caregiver to Mr. Cary while recovering from knee surgery. Norma Cary, 90 years old, has an aide who comes daily. Mr. Telfer is in his 60s, and was present at the hearing. Mr. Cary said he had been unaware that the City has different rules from the County's. Mr. Cary also contends that the map being used is inaccurate, that the bus stop in question is 3,100 feet, and the other bus stops are physically inaccessible "as the crow flies." After some discussion, Ms. Ellis requests the City Attorney's office, as well as Mr. Cary, give an opinion within 10 days so that a timely determination can be made. Mr. Telfer commented that he must register semi-annually with the Sheriff's Office, who approved this address as acceptable place for Mr. Telfer to reside. Decision Based on testimony, Ms. Ellis tabled her decision for 10 days to allow communications from the City Attorney's Office as well as Mr. Cary (via Officer Hart). Case No. 17-1611 Catherine E Grieser Property Address: 1 Via Lago Type of Property: Multi-family, condominium Violation(s): Repair on the sea wall, and obtain proper permits. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Officer Guim presented the case, which was a citizen's complaint. Initial inspection date August 11, 2017. Not a repeat violator. Initial notice sent October 23, 2017, via certified mail. Sea wall is in disrepair. No building applications or any repair has been made. This is a safety hazard. Date property last inspected November 14, 2017. City recommended 30 days from printed order for compliance, or $50 a day. Officer Guim has post-storm photos for Ms. Ellis to review. Also, a legal agreement shows that the owner of the condominium in question is responsible for the seawall. The COA has stated that the seawall in disrepair is affecting the other units; the COA is present. Ms. Ellis read the following into the record, a letter written by Robert Dobkin, President of the Via Lago Condominium Association, dated November 15, 2017: Dear Mrs. Guim, During the course of investigations by the Via Lago Condominium Association into engineering approaches to better protect the shoreline, Via Lago has spoken with several engineers regarding this potential project. During these discussions, several of which were conducted on site, Via Lago asked the engineers to comment on why they felt the seawall adjacent to Via Lago property owned by Catherine Grieser had failed. Each engineer briefly inspected the Grieser seawall in the failed area and each stated that failure was likely due to three reasons. (1) The seawall was not built with cable tie-backs to properly secure the sheeting, which is the water barrier. (2) The concrete cap of the seawall was not thick enough, only four inches. The engineers felt that it should have been at least twelve inches thick, and that the concrete overhang lip that kept the sheeting in place was not long enough, only one inch. The engineers felt that it should have been several inches long. (3) The seawall was not tall enough, allowing water to go over the top of the wall during peak tide events. The result of these deficiencies and construction method in the view of the engineers was that when the initial failure of the seawall occurred several years ago and resulted in a hole three-feet wide in the sheeting, backfill behind the wall began to be removed by tidal affects. Once the backfill was gone, water moving in and out from behind the sheeting began to put stress on the concrete cap, causing a crack along the length of the cap above the sheeting. Continued in-and-out movement of water behind the sheeting ultimately caused the concrete cap to fail. When it failed, there was nothing holding the sheeting anymore, resulting in failure of the seawall which no longer blocks water. As Via Lago has previously shared with you, by the terms of the warrantee deed in which Via Lago conveyed land to Catherine Grieser, Via Lago has the right to approve any alterations and modifications to the property, which includes the failed seawall. Via Lago herein requests that the City of Boynton Beach require Catherine Grieser to repair the failed seawall in the manner with proper engineering and proper construction methods, including cable tie-backs, and proper concrete cap design so that a similar failure will not occur again. We further request that the City of Boynton Beach puts this letter into the record on this matter. Sincerely yours, Robert Dobkin, President of the Via Lago Condo Association. Thomas Waldron, son of Catherine Grieser, who was also present, gave a history of the matter beginning August 11, 2017, with Officer Guim. Hurricane Irma exacerbated the pre-existing damage to the seawall, which had been in the process of being repaired. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 The agreement with the COA is going to be litigated as there is an unpermitted, undocumented, illegal seawall north of Ms. Grieser's permitted, proper seawall. Mr. Walden said they are aware of the situation and have spoken with Mr. Woods on the phone, as well submitted an email stating the insurance firm had inspected the seawall for the claim the night before the hearing, and will move forward and get the seawall fixed. A report will be received within two weeks, and an extension was requested. Proof of the communication was given to Ms. Ellis to review. Mr. Waldron also gave pre-storm photographs to Ms. Ellis to compare to post-storm photos on file. Ms. Ellis stated for the record that receipt had been made of pictures of the seawall prior to Hurricane Irma, as well as an email sent to Mr. Woods in October: Thank you for your phone call today to discuss the Notice of Violation letters for the seawall repair that were sent to my mother, Catherine Grieser, at 3 Via Lago, Boynton Beach. As I mentioned in our conversation, we have contracted with Larry Robbins of Rock& Seawall Inc. to repair the damaged seawall and are prepared to move forward as soon as possible. Please accept this letter as a request to extend the time for compliance. I would like to avoid the assessment of fines from the City of Boynton Beach. We are currently waiting on our insurance companies to send out an adjuster to inspect the damage. I was informed today that All Seasons Adjusting is five to seven days away from being able to visit the site due to an overwhelming workload of new claims from Hurricane Irma. I would imagine that once the adjuster inspects the damage, we will be able to begin the restoration and repair of the damaged seawall very shortly after. Thank you again for your professionalism and understanding of our situation. Ms. Ellis also had another email dated November 2nd stating: "I am with Donan Engineering. We've been hired by Occidental Fire & Casualty to inspect a property for Cathering Grieser," and that the appointment was scheduled for Tuesday, November 4th Officer Guim stated the City could agree to table the matter to allow more time for the insurance to come through. Mr. Waldron stated they are prepared to move ahead. Decision Based on testimony, Ms. Ellis ordered case tabled for 60 days, with the possibility that the matter may be resolved beforehand. For the record, Case No. 17-1612 is the same property and matter in question, and is included in this decision. Fine Certification Hearings Case No. 17-490 Vadim & Anna Sharyshev Property Address: 198 SE 27th Ct Type of Property: Single-family Violation(s): CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Obtain a business tax receipt. Apply for and pass inspection to obtain a certificate of use and occupancy. Officer Guillaume presented the case. Notice of violation was March 28, 2017. Magistrate hearing was August 16, 2017, no one appeared. Compliance date given was September 29, 2017, or $100 a day. Violation still exists. Ms. Ellis ascertained that the BTR was applied for and failed inspection on June 6, 2017, converting duplex into a triplex without a permit. Trash in swale area has been removed. Andrew Sminkel, representing owner (who lives and works in Russia); presented authorization to appear on behalf of owner. Ms. Ellis stated that typically the authorization must be notarized, which the letter in hand was not. At this time, Mr. Sminkel could not speak on owner's behalf. Ms. Ellis advised that when the work is done, an application for lien reduction can be made, but that a properly notarized authorization form be obtained beforehand. Decision Based on testimony, Ms. Ellis certified the fine. Case No. 17-786 Rosmene Vincent Property Address: 109 SE 29th Ave Type of Property: Single-family Violation(s): CO CH10 SECT 10-6 Clean pool and maintain in a sanitary condition. Officer Guillaume presented the case. Notice of violation was May 12, 2017. Magistrate hearing was August 16, 2017, no one appeared. Compliance date given was September 97 2017, or $150 a day. Property last inspected January 3, 2017. Number of days for non-compliance 55 days, administrative fees of $730.15. Ms. Ellis ascertained that the fine was certified on October 18, 2017. Salomon Glaude, representing owner, presented authorization to appear on behalf of owner, and stated that the owner lives in Massachusetts. Because the owner had moved, the notice was not received in time; however, the owner moved quickly to comply with the violation once receiving knowledge of notice. Decision Based on testimony, Ms. Ellis dismissed the fine, requiring only the administrative fees of $730.15 be paid. Case No. 17-1313 Jonathan M Dwork Property Address: 154 Orange Drive Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-120D INCL CO CH10 SECT 10-52 Remove inoperable, unregistered vehicle from property, vehicle located at 154 Orange Drive, gray Dodge Caravan with expired tag LYC953, VIN #1 B4GP44G8XB848177, front tire is flat. Officer Hart presented the case. Notice of violation was July 14, 2017. Magistrate hearing was September 20, 2017, no one appeared. Compliance date given was October 16, 2017, or$50 a day plus administrative fees. Property last inspected November 14, 2017, violation still exists. Number of days for non-compliance 30, fine continues to accrue at $50 a day, plus administrative fees of$730.15. Jonah Wilson, representing owners, stated that Mr. Dwork is disabled and unable to take care of the situation; also noted that there are ongoing fines under a separate case for this property. Officer Hart presented pictures of the vehicle in question. Mr. Wilson had issues with service of the notice. Officer Hart asserted that it was posted at the property and at City Hall, and the affidavit is in the file, which Mr. Wilson inspected and continued to contest as the service was not proper. Decision Based on testimony, Ms. Ellis certified the fine, the car must be removed, and any further issues regarding service of notice or other technicalities may be addressed with the City Attorney's Office. Lien Reduction Hearings Case No. 15-785 Andrea Mendler Yekutiel Property Address: 111 SE 29th Ave Type of Property: R!AA Single Family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation was April 7, 2015. Magistrate hearing was October 21, 2015, Jason Lloyd appeared. Compliance date given was November 20, 2015, or $100 a day. Date complied October 31, 2017. Number of days for non-compliance 710 days of non-compliance at $100 a day, for total fine of $71,000, with administrative fees of$730.15. Related case: Case No. 15-958 Andrea Yekutiel Property Address: 644 Riviera Dr Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Jeffrey Lynne, attorney for owner, gave lengthy history of the citing of illegal group homes in 2015, and how his client was caught in a sweep of irreputable flop houses, etc., which were operating on the same street. The owners leased these properties in question to a reputable, state-licensed entity called Good Works. New ordinances have been written since the time of these violations, when the only recourse was to obtain a BTR. The original violation included too many (more than six) people on site under the definition of a group home, so the BTR application could not be met. Mr. Lynne continued to give background on the Fair Housing Act, and how ordinances for recovery centers came to be changed in Boynton Beach, for which Good Works was one of the first to be FARR certified. Since that time there have been law suits, loss of tenants, and attempts at new BTRs, including reasonable accommodations. In summary, Mr. Lynne asked as a vast exception to the rule that all fines be waived because the owners have already paid $5,000 to release liens on other properties that were attached because of these cases. There are currently no tenants. Officer Pierre stated that the two cases should not be confused with each other. The property on 111 SE 29th never had an inspection, never had an application for a BTR, which is just the opposite for 644 Riviera. Mr. Lynne said when the first application was denied, it seemed useless to apply for the second property. Mr. Lynne asked Ms. Ellis to adopt the same testimony for both cases. Ms. Ellis stated that she appreciated the background and certainly got an education on the topic of recovery homes. Decision Based on testimony, Ms. Ellis reduced the fine to $1,000 plus $730.15 in administrative costs for each case. Case No. 15-1812 Joanne B & Scot P Gimmy Property Address: 131 W Ocean Ave Type of Property: Single family, homesteaded Violation(s): For code sections as stated Officer Pierre presented the case. Magistrate hearing was November 18, 2015, no one appeared. Compliance date given was December 18, 2015, or $100 a day. Date complied October 31, 2017. Number of days for non-compliance 1,777 days of non- compliance at $100 a day, for total fine of$177,700 with administrative fees of$730.15. Bruce Gimmy and Joanne Gimmy, owners, stated son Scot's name was removed from the title in December 2015 because he was not taking care of property which Mr. Gimmy planned on selling. Mr. Gimmy gave a lengthy account of his son's substance abuse and failed treatments, and subsequent purchase of the property upon son's promise to fix up the house. Lien on property was not discovered until an attempt to sell in June 2017. Mr. Gimmy has spent $16,000 to bring property into compliance. Sale price is $125,000, of which $80,000 is still owed on mortgage. Mr. Gimmy asked that the lien be waived, as Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 obviously, if they had known about it at the beginning, it would have been taken care of immediately. Ms. Ellis said that she had seen the pictures before and after, and agrees that the property looks much improved. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 in administrative costs. Case No. 13-990 Countrywide Home Loans Property Address: 179 SE 27th Place Type of Property: Single-family Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date May 8, 2013. Magistrate hearing was June 19, 2013, no one appeared. Compliance date given was June 29, 2013, or $350 a day. Date complied May 12, 2014. Number of days for non-compliance 316 days of non-compliance at $350 a day, for total fine of $110,600 with administrative fees of$730.15. Joel Kefferstan [phonetic], owner, stated the property was purchased for $187,000 at foreclosure from bank. The property has been completely remodeled and is for sale for $314,000. Mr. Kefferstan had pictures on his phone that he shared with Ms. Ellis, along with file pictures of before status. Property was vacant for four years. Decision Based on testimony, given substantial amount of work done on the property, Ms. Ellis reduced the lien to $1,000 plus $730.15 in administrative costs. Case No. 16-238 Third Temple LLC Property Address: 511 SW 1St Court Type of Property: Single-family, non-homesteaded Violation(s): For code sections as stated Officer Pierre presented the case. Notice of violation date February 1, 2016. Magistrate hearing was April 20, 2016, no one appeared. Compliance date given was May 5, 2016, or $100 a day. Date complied October 20, 2017. Number of days for non-compliance 532 days of non-compliance at $100 a day, for total fine of $53,200 with administrative fees of$730.15. Danny Schwab, property manager, stated he took over the property in May and only found out about the lien less than two months ago, at which time the BTR was purchased for 2016, 2017, and 2018. The previous property manager was fired by the owner ignored Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 all letters, owner nor subsequent management was unaware of many other things since then. May have had a BTR in 2015, but property was vacant at the time Mr. Schwab took over, and he unknowingly rented it out without a BTR. Mr. Schwab noted all the other units owned by LLC are currently being brought into compliance. Decision Based on testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15 in administrative costs. Fine Certifications Case No. 17-1130 Marie M Barthelemy Estate Property Address: 122 SE 6t" Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1305 Jerry Lizzie & Greg Xiggoros Property Address: 146 SW 9t" Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $75 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $75 a day. Case No. 17-1343 Boynton Partners LLC Property Address: 414 SW 1St Court Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Officer Weixler presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1420 Norma Korane Property Address: 503 SW 16th St Type of Property: R1AA Single Family Violation(s): For Code Sections as stated Officer Weixler presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1627 Iglad Naurelus Property Address: 238 SW 5th Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Weixler asked that the case be removed. Decision As no one appeared, Ms. Ellis ordered the case removed. Case No. 17-1449 Top Renta LLC Property Address: 1633 N Seacrest Blvd. Type of Property: R1 Single Family Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-1505 American Real Est Strategies Property Address: 1616 NE 2nd St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1506 Jonas Romelus Property Address: 1619 NE 2nd St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1621 Frederick L Hunter Property Address: 1505 NE 4t" St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Cruz presented the case. City recommended a 30-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1808 Marlie Honorat Property Address: 2022 NE 3rd St Type of Property: R1A Single Family Violation(s): For Code Sections as stated Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Officer Cruz presented the case. City recommended a 10-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1640 1701 S Congress Ave LLC Property Address: 1701 S Congress Ave Type of Property: C3 Community Commercial Violation(s): For Code Sections as stated Officer Scott presented the case. City recommended a 30-day compliance after the printed order, or $150 day. Decision As no one appeared, Ms. Ellis ordered 30-day compliance as stated on the Board Order, or $150 a day. Case No. 17-128 Eric Foster and E & M Anker Property Address: 417 SW 1St Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $50 a day. Case No. 17-422 Boynton Partners LLC Property Address: 532 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. This is a health and safety hazard. City recommended a 10-day compliance after the printed order, or $100 day. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $100 a day. Case No. 17-463 Boynton Partners LLC Property Address: 416 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-464 Boynton Partners LLC Property Address: 414 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-465 Boynton Partners LLC Property Address: 412 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-466 Boynton Partners LLC Property Address: 410 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-467 Boynton Partners LLC Property Address: 408 SW 1St St Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $50 a day. Case No. 17-471 Boynton Partners LLC Property Address: 204 SW 3rd Ave Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 15-day compliance after the printed order, or $200 day. Decision As no one appeared, Ms. Ellis ordered 15-day compliance as stated on the Board Order, or $200 a day. Case No. 17-596 Boynton Partners LLC Property Address: 401 SW 1St Ct Type of Property: R3 Multi Family Violation(s): For Code Sections as stated Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $100 a day. Case No. 17-740 Carmen A Quezada Property Address: 111 SW 6th Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $100 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $100 a day. Case No. 17-1270 Leyba Dominguez Eddy Erique Property Address: 131 NE 15th Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $50 day. Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $50 a day. Case No. 17-1444 Lorraine V Griffin Property Address: 151 NE 18th Ave Type of Property: R1A Single Family Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended a 10-day compliance after the printed order, or $50 day. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Decision As no one appeared, Ms. Ellis ordered 10-day compliance as stated on the Board Order, or $50 a day. Fine Certification Hearings Case No. 17-1114 Go Ka Hock D & Jeanne Property Address: 301 W Boynton Beach Blvd Type of Property: C2 Neighborhood Commercial Violation(s): CO CH15 SECT 15-120D INCL Remove rotten wood posts from front of property. Officer Cain presented the case. Hearing date August 16, 2017, no one appeared. Compliance date within 30 days or sign Board Order. Fine proposed by Magistrate was $100 a day plus administrative fees. Violation still exists. Property last inspected November 14, 2017. Number of days of non-compliance 46 days at $100 a day, plus administrative fees of$634.12. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-1571 Crossings of Boynton Bch Condo Property Address: 20 Crossings Circle, Unit A Type of Property: R2 Duplex Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Certificate of Use and Occupancy and Business Tax Receipt required for rental. Building permit required for new entry doors. Officer Hart presented the case. Notice of violation date October 5, 2016. Hearing date July 19, 2017, no one appeared. Compliance date July 31, 2017. Fine proposed by Magistrate was $25 a day plus administrative fees. Property last inspected November 14, 2017, and complied on October 26, 2017. Number of days of non-compliance 108 days at $25 a day, plus three inspections and affidavit filing costs for total of$538.09. Decision Ms. Ellis certified the fine at amount set by City. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 16-1571 Crossings of Boynton Bch Condo Property Address: 20 Crossings Circle, Unit A Type of Property: R2 Duplex Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INCL 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Certificate of Use and Occupancy and Business Tax Receipt required for rental. Building permit required for new entry doors. Officer Hart presented the case. Notice of violation date October 5, 2016. Hearing date July 19, 2017, no one appeared. Compliance date July 31, 2017. Fine proposed by Magistrate was $25 a day plus administrative fees. Property last inspected November 14, 2017, and complied on October 26, 2017. Number of days of non-compliance 108 days at $25 a day, plus three inspections and affidavit filing costs for total of$538.09. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-147 Marc & Ritha Fervil Property Address: 128 SE 27th Place Type of Property: R1AA Single Family Violation(s): CO CH13 SECT 13-7 INCL CO CH13 SECT 13-16 INCL CO CH10 SECT 10-52 CO CH15 SECT 15-120D INCL Apply for and pass inspection for a business tax receipt and certificate of use. Remove all inoperable vehicles, outside storage, trash and debris from property. Repair roof, building permit required. Officer Hart presented the case. Notice of violation date January 25, 2017. Hearing date July 19, 2017, no one appeared. Compliance date August 31, 2017. Fine proposed by Magistrate was $150 a day plus administrative fees. Property last inspected November 14, 2017, and violations still exist. Number of days of non-compliance are 77 days at $25 a day, plus six inspections and affidavit filing costs for total of$826.18. Decision Ms. Ellis certified the fine at amount set by City. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-1056 Sean W Dalton Property Address: 124 SW 11th Ave Type of Property: R1 Single Family Violation(s): CO CH2 ART3 SECT 4 CO CH15 SECT 15-120D INCL LDR CH4 ART6 SECT 313 Remove, mow, trim all overgrowth. Remove all trash and debris. Adhere to garbage and trash collection. No person shall construct, reconstruct, repair, alter or grade in or upon any right of way without obtaining a permit from the building department. Officer Hart presented the case. Notice of violation date June 9, 2017. Hearing date August 16, 2017, no one appeared. Compliance date September 29, 2017. Fine proposed by Magistrate was $150 a day plus administrative fees. Property last inspected November 14, 2017, and violations still exist. Number of days of non-compliance are 48 days at $150 a day, plus three inspections at $96.03 per inspection, and affidavit filing costs of$250 for total of$538.09. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-752 Anacel LLC Property Address: 1601 NW 3rd St Type of Property: R1 Single Family Violation(s): CO CH13 SECT 13-6 CO CH13 SECT 13-7 Apply for and pass inspection for a business tax receipt and certificate of use and occupancy for rental property. Officer Guillaume presented the case. Notice of violation date May 5, 2017. Hearing date August 16, 2017, no one appeared. Compliance date September 29, 2017. Fine proposed by Magistrate was $100 a day plus administrative fees. Property last inspected October 9, 2017, and violations have complied. Number of days of non-compliance are 10 days at $100 a day, City recommends no fine. Decision Ms. Ellis adopted the City's recommendation of no fine. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 15, 2017 Case No. 17-258 Peter Powell Property Address: 2087 NW 2nd St Type of Property: R1 Single Family Violation(s): CO CH15 SECT 15-120D 1 INCL CO CH15 SECT 15-120B 2 INCL Sod all visible areas from City street, including swale. Officer Hart presented the case. Notice of violation date April 10, 2017. Hearing date July 19, 2017, no one appeared. Compliance date October 2, 2017. Fine proposed by Magistrate was $50 a day plus administrative fees. Property last inspected November 14, 2017, and violations still exist. Number of days of non-compliance are 44 days and fine continues to accrue at $50 a day plus administrative fees in the amount of$730.15. Decision Ms. Ellis certified the fine at amount set by City. Case No. 17-813 Charles Dumaine & Louis Dumins Property Address: 124 SW 10th Ave Type of Property: R1A Single Family Violation(s): CO CH15 SECT 15-120D INCL CO CH10 SECT 10-52 Remove all unregistered and inoperable vehicles from the property. Officer Hart presented the case. Notice of violation date June 26, 2017. City would like to recommend no fine. Decision Ms. Ellis adopted the City's recommendation of no fine. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 12:58 p.m. [M. Moore, Prototype Inc.] Page 24