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Minutes 02-15-17 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS,CITY HALL,100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA,ON WEDNESDAY, FEBRUARY 15,2017,AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Mark Woods, Director of Community Standards I. CALL TO ORDER Carol Ellis, Special Magistrate, called the Hearings to order at 9:00 a.m., and explained her role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. She explained a fine will be imposed if the violation(s)are not corrected by the deadline. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Ellis administered an oath to all those intending to testify. II. APPROVAL OF AGENDA The following revisions to the agenda were announced: Page 17, Case No. 16-1826—removed Page 19, Case No. 16-1342—removed Page 24, Case No. 16-1682—removed Page 25, Case No. 16-1686—removed Page 33, Case No. 16-1368—removed Page 3, Case No. 16-1345—tabled to 03/15/17 Page 4, Case No. 16-1440—tabled to 03/15/17 Page 6, Case No. 16-1557—tabled to 03/15/17 Page 9, Case No. 16-1647—tabled to 03/15/17 Page 11, Case No. 16-1651 —tabled to 03/15/17 Page 12, Case No. 16-1789—tabled to 03/15/17 Page 13, Case No. 16-1810—tabled to 03/15/17 Page 5, Case No. 16-1460—tabled to 04/19/17 Page 7, Case No. 16-1590—complied Page 14, Case No. 16-1821 —complied Page 20, Case No. 16-1528—complied Page 23, Case No. 16-1676—complied Page 26, Case No. 16-1734—complied Page 27, Case No. 16-1740—complied Page 32, Case No. 16-1805—complied Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Ms. Ellis approved the Agenda as amended. ROLL CALL III. NEW BUSINESS Cases to be Heard—New Case No. 17-10 Flagstar Bank FSB Property Address: 2627 NE 4 1 Court Type of Property: Single-family, non-homesteaded Violation(s): CO CH10 SECT 10-52 Remove all abandoned vehicles from property. Officer Weixler presented the case, which was a routine inspection. The initial inspection date was January 4,2017. It is not a repeat violator. Initial written notice was September 28, 2016. Ten days given to comply. Notice was sent by Certified Mail on January 26, 2017. Green card was signed January 30, 2017. Date property last inspected February 13, 2017. City recommended 30 days from printed order for compliance, or $100 a day. Ms. Ellis ascertained that vehicles and trash and debris violations have not been remedied. Property is vacant. Leonard Townsend, attorney representing owner, stated this is a foreclosure, and noted that the order listed three abandoned vehicles, however, Officer Weixler indicated two vehicles remain. Mr. Townsend asked for an extension. Ms. Ellis stated 30 days was sufficient time, recommending that owner works with City regarding trash and debris removal for reinspection. Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1095 Karl W.Washington Property Address: 1017 N Railroad Ave. Type of Property: Single-family, homesteaded Violation(s): CO CH15 SECT 15-120D1 INCL CO CH10 SECT 10-56D CO CH10 SECT 10-56H Remove and exterminate all bees from the property. Remove derelict trailer from the property. Repair broken window. Remove all materials stored outside, as well as trash and debris. Page 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Officer Hart presented the case, which was a fine certification. The notice of violation was June 22, 2016. Original Magistrate Hearing was September 21, 2016, and someone appeared. Compliance date was October 6, 2016, at $300 a day. Date property last inspected was February 14, 2017. Currently there are 132 days of non- compliance at $300 per day plus administrative fees of $730.15. Officer Hart gave pictures of property to Ms. Ellis. Nina Clark, owner, appeared. Ms. Ellis asked why trash and debris had still not been removed. Ms. Clark stated she lives on property and has had no help since Mr. Washington died last year, is doing her best to clean it up, but has limited funds for dumpster or hiring anyone to help. Officer Hart said last month he had offered to personally help Ms. Clark, but she did not call him. The trash is mostly in the back of the house. Officer Hart stated that according to the property appraiser, the assessed value for 2015 was $34,681. Also, no pests (rodents) have been seen and bees have been removed. City has no objections to extended time, as long as it gets done. Ms. Ellis stated that she would give one last extension, and if work is not completed,the fine will be certified. Decision Ms. Ellis tabled the case to March 15,2017. Case No. 10-2168 Chase Home Financial LLC Property Address: 2141 W Woolbright Road, Unit 107 Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was July 22, 2010. Code compliance hearing date was September 15, 2010, and no one appeared. The Code compliance date was September 30, 2010, or $250 a day. Compliance date was February 10, 2017. There are 2,324 days of non-compliance at $250 a day for a total fine of$581,634.12. Complies with all lien reduction processes. Vladimir Pochinok, owner, stated he purchased the property through Imperial Homes, Inc. March 25, 2013, for$48,000. He was unaware of the lien until January 2017 when he put the property up for sale and the new title company discovered the lien. There is a pending sale contract scheduled to close the end of February for$88,000. Owner has spent approximately $10,000 on repairs and lived on property for a while. The original citation was for mold, but the new owner said everything had been repaired when he bought it, and there was new sheet rock and paint. Page 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Decision Based on testimony, Ms. Ellis reduced the lien to $1,400 plus $730.15 administrative fees. Case No. 14-94 Haim Realty Group LLC Property Address: 1580 NW 2nd Lane Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was January 23, 2014. Code compliance hearing date was April 16, 2014, and no one appeared. The Code compliance date was May 16, 2014, or $50 a day. Compliance date was August 14, 2014. There are 114 days of non-compliance at$50 a day for a total fine of$6,430.15. Ilan Abernam, owner,stated his company bought the property in 2013, and he was not aware of any liens on the property until attempting to sell and closing company discovered the liens. Owner estimates$20,000 in repairs. Ms. Ellis received pictures of the property to review. Property is currently for sale for$125,000 to $130,000. Owner has eight other properties in the City and admits to other violations from buying properties through auctions. Mr. Abernam claimed his property manager stole $50,000 from him causing real hardship in repairing his other properties. Property is currently rented. Ms. Ellis noted that, from the pictures, the property appears to be in very good condition. Decision Based on testimony, Ms. Ellis reduced the lien to$730.15 administrative fees. Case No. 15-1060 2013B Property Owner, LLC Property Address: 110 S Palm Drive Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was May 1, 2015. Code compliance hearing date was July 15, 2015, and no one appeared. The Code compliance date was July 25, 2015, or $150 a day. Compliance date was September 15, 2016. There are 417 days of non-compliance at $150 a day for a total fine of $63,280.15. Tim Barhite, power of attorney and property manager, stated the LLC has owned the property since 2014. The property is currently for sale for approximately $125,000 to $150,000, and has always been a rental property. Mr. Barhite did not have answer as to why no one appeared for the 2015 hearing. Disputes with subcontractors lasted Page 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 over a year before permit issues were resolved. The LLC owns three other properties in Boynton Beach,without any other violations. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 15-2608 Beauly LLC Property Address: 423 SW 10th Ave Type of Property: Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was November 18, 2015. Code compliance hearing date was January 15, 2016, and Julie Heinz appeared. The Code compliance date was January 25,2016, or$500 a day. Compliance date was February 10, 2017. There are 376 days of non-compliance at $500 a day for a total fine of $188,634.12. Julie Heinz, representing owner, stated one of the items in question was the repair of the driveway and the major delay was a misunderstanding of a required permit. The driveway was sealed rather than repaired, and passed inspection. Other improvements have been done and pictures and invoices were given to Ms. Ellis. Invoices detailed: sealing of cracks, filling of holes with asphalt, total $1,400; landscaping service, dead vegetation removed,trimmed hedges, installed grass in front yard, and added mulch, as well as a temporary sprinkler system. Property appears to be in very good condition. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 13-2802 Adalwin LLC Property Address: 214 SW 10th Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was December 16, 2013. Code compliance hearing date was September 19, 2014, and no one appeared. The Code compliance date was March 3, 2014, or $150 a day. Compliance date was February 10, 2017. There are 1,075 days of non-compliance at $150 a day for a total fine of $161,884.12. Julie Heinz, representing owner, stated this case is related to Case No. 15-2553, for landlord license. Initial purchase of the property was June 2013, prior to the owner's knowledge of the City's procedures, which they are now very familiar with. Both cases Page 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 are now in compliance. There was difficulty gaining access to the property due to uncooperative tenants with a three-year lease. Cure Notice procedures were initiated, but various things negated the cure notices; when the lease ran out, the tenants vacated and the owner was able to comply with all the violations. Invoices totaled $5,000, which were given to Ms. Ellis, including replacement of grass and temporary sprinkler$1,967.50. A second replacement of sod was$3,200. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 15-2553 Adalwin LLC Property Address: 214 SW 101h Ave Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was November 10, 2015. Code compliance hearing date was February 19, 20141, and Julie Heinz appeared. The Code ,- commented[mm>]:This date isout ofsequencewith compliance date was January 30,2016, or$200 a day. Compliance date was February other dates in the case 10, 2017. There are 376 days of non-compliance at $200 a day for a total fine of $75,834.12. Julie Heinz, representing owner,stated this case mirrors Case No. 13-2802. Ms. Ellis ascertained that the previous testimony can be used in this case. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 11-1904 Juan C and Maria Sophia Miranda Property Address: 1457 SW 251h Place, Unit C Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was July 21, 2011. Code compliance hearing date was September 21, 2011, and no one appeared. The Code compliance date was October 21,2011, or$200 a day. Compliance date was February 10, 2017. There are 1,138 days of non-compliance at $200 a day for a total fine of $381,234.12. Florian Popa, owner, stated the property was acquired March 2015, and became aware of lien after the purchase. Owner has been living in the property while making repairs, and is unsure if it will be for sale. Mr. Popa estimates$100,000 has been spent on improvements and gave documentation to Ms. Ellis. Ms. Ellis asked that Mr. Popa Page 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 organize the invoices on a sheet and return for the case file. Officer Pierre had photographs for Ms. Ellis. Mr. Popa has two other properties in the City. Ms. Ellis was very complimentary of the work done on the townhouse. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 13-1183 Juan C and Maria Sophia Miranda Property Address: 1457 SW 25Th Place, Unit C Type of Property: Multiple Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was June 6, 2013. The Code compliance date was August 28, 2013, or$1000 a day. Compliance date was February 10, 2017. There are 1,261 days of non-compliance at $1,000 a day for a total fine of $1,261,664.12. Officer Pierre stated that the property was in foreclosure, the roof was caving, and water was going inside, making problems for the neighbors' condos. Ms. Ellis commented on the state of the economy at the time of violation when there were so many foreclosures. Florian Popa, owner, appeared. Evidence for this case mirrors Case No. 11-1904. Ms. Ellis noted the effort put forth on the property and these violations took place prior to the new ownership. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 08-1507 Marie Muselaire and M Eusetache Property Address: 125 SE 27Th Place Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was May 28, 2008. Code compliance hearing date June 18, 2008, and no one appeared. The Code compliance date was June 28, 2008, or$50 a day. Compliance date was August 25, 2016. There are 2,179 days of non-compliance at $50 a day for a total fine of$149,680.15. Officer Pierre gave pictures of the property to Ms. Ellis. There are four more related cases on this property,with different owners over the years. Chris Mason, owner, stated he purchased the property October 2015, from a foreclosure auction for $169,400. The property is currently being rented. Owner learned of the violations when he applied for a partial release during the sale of another Page 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 investment property. Owner intends to hold onto the property and this is his only one. Mr. Mason stated he initially spent$19,600 on repairs, plus a utility bill of$4,400, then to pass inspection spent an additional $7,500. The property is valued at approximately $250,000. Decision Based on testimony, Ms. Ellis reduced the lien to$500 plus$730.15 administrative fees. Case No. 11-637 Lasalle Bank Property Address: 125 SE 27th Place Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was March 6, 2011. Code compliance hearing date May 11, 2011, and no one appeared. The Code compliance date was May 28, 2011, or $200 a day. There are 1,188 days of non-compliance at $200 a day for a total fine of$400,426.18. Chris Mason,owner,appeared. This is a companion case to Case No. 08-1507. Decision Based on testimony, Ms. Ellis reduced the lien to$826.18 administrative fees. Case No. 11-2478 Marie Muselaire and M Eusetache Property Address: 125 SE 27th Place Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was September 9, 2011. Code compliance hearing date November 16, 2011, and no one appeared. The Code compliance date was May 26, 2011, or $200 a day. There are 1,817 days of non- compliance at$200 a day for a total fine of$364,130.15. Chris Mason,owner,appeared. This is a companion case to Case No. 08-1507. Decision Based on testimony, Ms. Ellis reduced the lien to$730.15 administrative fees. Case No. 13-986 Marie Muselaire and M Eusetache Property Address: 125 SE 27th Place Type of Property: Single Family Page 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was May 8, 2013. Code compliance hearing date June 19, 2013, and no one appeared. There are 1,236 days of non-compliance at$300 a day for a total fine of$371,530.15. Chris Mason,owner,appeared. This is a companion case to Case No. 08-1507. Decision Based on testimony, Ms. Ellis reduced the lien to$730.15 administrative fees. Case No. 15-2383 Seaside Bungalow F, LLC Property Address: 125 SE 27th Place Type of Property: Single Family Violation(s): For Code Sections as stated Officer Pierre presented the case. Notice of violation was October 26, 2015. There are 180 days of non-compliance at$100 a day for a total fine of$18,634.12. Chris Mason,owner,appeared. This is a companion case to Case No. 08-1507. Decision Based on testimony, Ms. Ellis reduced the lien to$634.12 administrative fees. Case No. 16-956 T Systems Tile&Marble Installer Property Address: SW 30th Ave Violation(s): For Code Sections as stated Officer Cain presented the case, it was a citizen complaint. There is a health and safety issue, vacant lot with rodents. City recommended 30 days to comply, or $100 a day. Ms. Ellis decided 15 days was sufficient. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1773 Boynton Beach Distribution Center Property Address: 2900 NW Commerce Park Drive Violation(s): For Code Sections as stated Officer Cain presented the case. There is no health and safety violation. City recommended 15 days to comply, or$100 a day. Page 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1646 Yaflag LLC Property Address: 144 SE 28th Ave Violation(s): For Code Sections as stated Officer Weixler presented the case. It is not a repeat violator. City recommended 30 days from the printed order to comply,or$150 a day. Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order,or$150 a day. Case No. 16-1649 Shuki Geter LLC Property Address: 203 NE 21ItAve Violation(s): For Code Sections as stated Officer Weixler presented the case. It is not a repeat violator. City recommended 30 days from the printed order to comply,or$100 a day. Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1833 Bila LLC Property Address: 1 Crossings Circle, Unit D Violation(s): For Code Sections as stated Officer Weixler presented the case. It is not a repeat violator. City recommended 30 days from the printed order to comply,or$100 a day. Decision Ms. Ellis ordered a 30-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1859 Martin Cavage Allen Property Address: 719 SW 27th Terrace Violation(s): For Code Sections as stated Officer Guillaume presented the case. City recommended 10 days from the printed order to comply,or$100 a day. Page 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Decision Ms. Ellis ordered a 10-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1578 Hunter Mello,Wayne Mello and Patricia Lewis Property Address: 135 SW 101h Ave Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended 15 days from the printed order to comply, or$50 a day. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$50 a day. Case No. 16-1596 James M Landwerlen Property Address: 221 SE 2nd Ave Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended 15 days from the printed order to comply, or$50 a day. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$50 a day. Case No. 16-1747 Darwin 3 LLC Property Address: 717 NE 101h Ave Violation(s): For Code Sections as stated Officer Hart presented the case. Property currently complies, but City recommended a Cease&Desist of$100 per occurrence due to trash and debris around property and the fact that it sits next to City property with a retention pond. Decision Ms. Ellis ordered a Cease & Desist on the property with $100 per occurrence effective immediately. Case No. 16-1755 Augustine JB and Francois D Property Address: 912 SW 2nd St Violation(s): For Code Sections as stated Page 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Officer Hart presented the case. City recommended 15 days from the printed order to comply, or$100 a day. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$100 a day. Case No. 16-1785 Anthony Chidnese Property Address: 424 SW 7th Court Violation(s): For Code Sections as stated Officer Hart presented the case. City recommended 15 days from the printed order to comply, or$50 a day. Decision Ms. Ellis ordered a 15-day extension date as stated on the Board Order,or$50 a day. Case No. 16-1787 Vestors Acquisitions LLC Property Address: 204 NE 12th Ave Officer Hart presented the case. City would like to close the case. Decision Ms. Ellis ordered the case closed. Officer Weixler stated that the following fine certifications will be tabled to March 15, 2017: Case No. Respondent 16-1175 Philippe Jeudy&Lynda Nicolas 16-1001 Jean W Paul 16-1038 Calvin Mason &L&O Colwell 16-1516 David B Allen 16-1506 IH4 Property Florida LP 16-1533 IH4 Property Florida LP 16-1535 IH4 Property Florida LP 16-999 125 SE 12th Ave Prodigy Land 16-1013 Wells Fargo Bank NA 16-1194 Palomos Real Group LLC 16-1412 Josephine Daffin Page 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 Officer Weixler stated that the following fine certifications will be tabled to April 19,2017: Case No. Respondent 16-1116 Patricia Perrault 15-616 301 North Federal Way LLC 16-56 Gertrude Belizaire 16-1181 Vernon Thompson Jr Trust Officer Weixler stated that the following fine certifications will be tabled to May 17,2017: Case No. Respondent 16-469 Orion Federal LLC 16-900 Irache Partners LLC Officer Weixler stated that the following cases have complied, no fine: Case No. Respondent 16-1385 Keith Tencza &Jeffrey Thomas 16-444 Meeshee LLC 16-1148 Durane Lawrence 16-1335 Roberson &Lyciana Innocent 16-1255 Y I H Y LLC 16-1475 Deutsche Bank National Trust 16-1439 135 BBB Property LLC Officer Weixler read the following into the record: "The City is requesting that the fines be certified in the following cases. All the violators have been provided Notice of today's hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present in Chambers for any of the cases 1 am requesting for certification at this time. All of the cases have been re-inspected prior to today's hearing and each case remains in non-compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, with the amount as set forth on the docket".- Page ocket".Page Case No. Fine Amount 42 16-1344 $ 58 16-1306 $ 59 16-1371 $ Page 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach,Florida February 15,2017 63 16-823 $ ,,- Commented[mm2]:No fine amounts available in support documents or on audio Decision Ms. Ellis ordered that all the aforementioned cases have been certified. Case No. 16-1443 John Dvoracek&E.W.Lammi Property Address: 1460 NW 15t St Officer Weixler presented the case, and is asking for an abatement order for a board up effectively immediately. Decision Ms. Ellis issued the abatement order for the home to be boarded up, effectively immediately. IV. ADJOURNMENT Ms. Ellis concluded the hearing at 10:36 a.m. [M.Moore, Prototype Inc.] Page 14