The URL can be used to link to this page

Agenda 06-07-19 AGENDA BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Friday, June 07, 2019 TIME: 3:00 P.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 MEETING) E. OLD BUSINESS F. NEW BUSINESS Applicant: Mr. Wing Kei Ho and Mrs. Karen Yen 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 Document4 AGENDA BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Friday, June 07, 2019 TIME: 3:00 P.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\Agenda 2019-06-07.doc The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 3301 Quantum Boulevard,Suite 101 P.O. Box 310 p Boynton Beach,Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6357 www.boynton-beach.org May 31, 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 Friday, June 07, 2019, meeting at 3:00 PM. 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. $ Recei (-k 20 ved of Address 0A V For Lin,IS -01 ;P k, VIS, T-I t 7 R- W FRI 7 P , I CAA IA-91 Dept. By U1 FGP MP fzWpT IFACH 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 001 wwa2e�j 00 AW NcgpFA Tend--r-Cd-ta i I CA kcH - 'Told! tendy)qd SM kyj 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&REGULAR 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&REGULAR 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. le, IN n 04e -1,re cr DATE &I'l INSPECTOR White®File Copy Yellow- Inspector's Copy it Tag ®Job Copy 4 - u — 'a'a }I 7 e rY a g 1, 11P�; t f S t f Maar t r i �1 Sl �1 t �x�d a i, - �S 5�i \gyp}tc�3 i~�aafi �anr}S t, y7`♦'�.t�ttiS^i s1V1 �C r4 � i3 � tg�� JIM, ( r� ;M t i �h 4 � i 41 �4att, ''t si E1S �t 4 1 aSS44�t ai 1 4 4ai t � aS � t 1 � 1�klll4�xP�1t9�t§k 4{ a�`t Stl � I�hrvi f `4� � f r C j4 � - t r' Ott t iHk44� �t 4 F - t r � � r Sar S� � tr S 11, •�,r• �� i��, �. ..- � �_,�ag nE i� trd_ 4 9'a tl l Me Sfl d - F � of d x k4iw-- s4(1l If al kf ra 0 I aY d ��, tIS Awl z� — into rx ac l s Jfi ,gig Is �%RZ:9, ill ��rt , � 42 „'u }y�2ir^ty Mfs s+1d tetj43t, 3f VI'I A r a ' f s n '�i .wc'"°" 3 - IIIi � m t Al At 1-2 -- "dy� S� -4 2VY x� 1 qk ��f ff 'N �. NIP q Y �I c p w. :~t t � w fi Eu TAN 1 'WM — � k ra L a. 4, °tf e� it — �`'�� Ott it si a 'sF 1 f 4 r, k � m•�_ � t4 �� 4s4 7` ��t �' p 'mr ,� � s + I a, 4 n k p 'fI}L fl fi a i F S i t c3, Ail i o7� ) P t t � tis, I z ° a� 1 7j1�} 2 � 1 S 1 r f�tii1)(t�l r 'I t'rd y t W,, 11 SI (�l 1 S � r 3� t£ t £U 2 17 ni PIR I Mm -- 1• � t t°� �u £ �$ Ire Jp d ssi r .r a a n 4 t E 1 lr � a , � 1 4 � � Y` � ,,;. - ��; f 1 r� �r �� n� „k� � �'��g1��1�°��1��i��,� iii��nom; t1� t!��A xT u 1 r •s� �,�+ � �, � opt '�( h ate, .'� , ffi TM 1 £ S. lot , 4 , 1 P - �;,. - r t t r, r _ rtt w fr { ) y>'1 .Y S )1 4 alas{i tw , ,,/°� 9B e \ ) r g ` is , t f � v a �fitr F l �` T. li tT at f. i tr}t'�riiJ{`r rt pp f l f s !fr 3Z S a T} � qa1„... d� �t r r` i ��r � �T��}j � T rk •fit Vii+ ��`� '� ��t57*rT �� 4� I : L r pY {rf k � £fit f �T �7y1 i 5r°tittl��tf'" tlia�VggT1`t'•,�4 1Er,- 0E4r 6�v �T 4�^�T 1 Ii )ip si +� ✓k rsgsr,�s,4 }�if�f �5t t� f111° } T(A+�,�ir Sr 9 - .� cl c��N - te�� 1¢i 4 k�,' j� T i��1�J �1•.i � u. h 1}t'�a } ¢I,, o F 1A mrrf�rT<i r F arts i r�l9Y�„ li� tiler r - t fi l�fpR f to \r t,l tjWag ,'gyp ( 1 X11 A'_+"')*. i "- t - S - �i"t��S�t11 + 1Vi ju IS i U iit f tt Sit l ttSl tti{I 1 "Pi{ts It' ft�� ass Ii 1 rs t �- � - f� �)+rS�it r- tti!£1Slt t Kt 7 r� �� ,t'• 1� .. t y�ni i,Y t f{� _ K --- �� 1£}�1t}t i �s il£ sit i f tis lutlil t�£I, �7}irYf��t ,'t i i ��'tfi(fi�itilStill. hlSYtr�l�f,( =s t��?t t 1 t � 1titt t t tlVt t t t `fT� }4 � Z tt t t � ��i��'tt?�j tlt, �))t;�i�j1 �{ t{�r+�,t��it7tt ��r�..�tl?i}�tttt�t _G}ttitlYlS�;t'S'\t,a1t t V{ it � V�„,'�k;,t�y� �i{,�,y;f.{Ct� �� ,•�� _ - ( - i� - ..r.t�� f r ��Jl�1t:r1761>?,'NT�i�:) ii tt .z It S rtl��t�,�S �t{tl �� s��1�YY➢`��'tt��t��s?t�V��l�[�� i _fi .—.. _ .r; ..`•` r ,.i, �.;, _��t, !, ., aFv,?„ht.}�i 14�tt;;,;,,'.� f1 t ��s;;�r,.'�,aS.,,'� c- t'�Y t - ! nt, k l4 k 4}tt h d 3 - .� ar �j go f IA l�11 S„ F tt - )o<"�r\s{�tst tSf e t A j - -� .... � Y - -'a f it �Ut 4 �t illi l Yti�tti ,uk4„ti<t.h t.......... - }�� > y- { 1 � � s - pt}�!}l�i�; y � t,1S 71�p1+11 1 { r r r t Ip j l{t#t��y�,1 t 1jt +sSit 5 ry 1 1i�t t ti7{7�t S - � � a {� v � i1\i =Pt.tt tS tlst te`tf S1tS1 'y` � n ;z, TSi1.{„v r a y` to - �1 rt t '�s u , - (r �t Ap co - >�� {1 k t 1 — F t F � .�. _ _ -� �. -�`�`,,�,-- �{ t_ '1 �,'_� � } `1} 2 �`;}rlr�ll :i t 1��;\ \f�� it?i,� � �Cf a�`''�� ;; _ - - t �� yy f1 �ry ��t�i�I��( s fir ,� : 1 1{ -:I 4, r f�, 3,t - 'a r�� 2�� s,�-�s - - - - ,r -'�t �S}� a� 4� ill�t i S � a� tf r t{� � 8 1 1 � �� '�? � - § � _ r��1��1��i�¢a��i��s,�s>1s51ii�r4��i�a`��1�t�11 r ! ��s, �� ( _�j � � - - _ � � �. � ��ii't ��k, @� 17 tl�t flip taPrt t i-�>}�i a� i Si�tiJ�! '4 s 1 - - y r �, �! �t�i yf �k s' 4 � r � r f t`t �! },iso` � +„ � �, �� 1�, �� y ss�� 5 � 1r r 2 s11�.ty1fi �� ,_;I�) 4 s°- � : , sJ. 1 ;� .P. '� _ � f,'� f. ,i' � - h. -1 t t{j� ,s(i S 111 . 1 F - �l �1;r�1.. ! 'rI y F� t k,{' � !T ) t � i t f 1 1 ,�l__ ylj�(1�<l 1'1 t 1� ,� � {�+;��j`�� --�.' i r �`2��, 1t. � �) ��: i ��1 r1S��" 9 fi s r v 2;t� �n 2y ,(ars tiirs�l ,`, �, 'i�1,} 1 4„t�� r 7�i_;r }.-- ��Y � � �, 1 ��i}�$� fAit,l i rl�}i ,r�i '..a 171 �f�,� �,tt P, 1'��t`��}�{L�15��\s `�,� �.�� f = �'- t Y S 2 q /t t SS - c sv r - -� JstF��s1S3>�� t1U,p �� : ,�y\E int}{�� '� - ' l��t��l�RitSt��l>` �� F�� -- � � S �., c�j 4s - �• �,i41 � � -�( 1 ( � ,d�,� � ti ��1a, � 'I 1rt��)`"�'f� 8�� 71� ' 1�1�� - �i �f�, 4�.sky1 �iir ��'�rt 1 {,,'.Y U,�.rs N} 11 �� tl< i�f�11:- ,1}} ,r� a�� `� � �_- � i r, w r "�}i ��i fl1 �� t� �i ,_ A t '.�� $1;�t ,f } t � s'rr1, ,rrr Vt�� ill is 11I(54�12i,11`{}1 z �I�i1 i ,'t�1�,'"� � :� ��<� '(r,(i,,s(. ��'�.. t2�if�Q,r � .,iil�' t, � {�1,5 w �,�:�,..' -I�'r 11�i1`�" i)AV �.t„, }2'' � t 4 �,�-._ � 11 ,� � �� (��,4 ,� 1> ` ' ��! �' 1�� X11}��, ��'s`{��, �} � �� S ��1�{a2�1« �� }�:,, �t��S:� �,,: s r. r 1 �,� �4 �,��ti4O,t r � ,1 111st rs 11;,1��i iz ;{� � -- '_;� �� ., _.�4,,�e, � �� }� 7 j�1;�l�(1�,. }/r a, i s �� ,,'t�`�" ,,1}� 1 1Si sitiy '�r�t�i�` 1 ��s.:i}��tjt��si � �i�, - '` ,��-.- } � �,'. �;�„1�[;.. , �i �tSS' �`�,,,r�r s>>. a s �t,��-i�< �. ^4 �,(1��Is �ti,�'s��S ��f��tisli�t,��?S f��1�, i c`�r t� ,ar�, r� 2 t (lf-._�y r , , � 1.- ,4Yr 2 b\i 111 �� ,+ U�k 9 )?��)7 �" - - - r .� ��lt� �i, it �+�jt�� itY il''s i, s�,i }i�, � � �} ' t,`��:',' h�� it\jtli�iuss��\��i��}y1�S),i1t1'� 1�,,�, �l } � - ��" '._ �� \� �t }� s t _._411 �ills.r,,41 ,i. - sil�� 1i,��1} 1 k�t��}5�1��i� "1� ,a s � - .-- -... t2t- � 4 .,t�- �.1, �!( i{�i�;; sl 1� �x+s i��, �lt,i,}i}„y -1, '�l ��lp�tgi �`,:��7Z1t�7.fJ))t'��¢,'*: -_ - _, - - 1s d ',�ilr Z1 t: s}t1 � t r � t {s@ i~ � 1 rli s1 °1 ,t} t is A,�i s'1 \�) � ,. S =- 1s�� }��}i r \ ,1 1�� t t s f je �v} tr t\�tl : ��(�'6.��11�1��tSi3�y,�� .� - - `� 1- °a} � r� it\�s - c - 2 Ptr�r Sv�s ri' t ttii : ��J�4r�i r�'�: (sp�f 1,tat i s� 1 � .1ra� �{G� � ?a - �� -- �� ) )� ��(,yy}f�Si}s(��1 r 7 i1 t 1y 1r I r�I� 2, �t 1)f i7 ii�f t$Sr �,r�i� k°- � _ -_ � �} rr, � � � ��lli�S��l�t� {I s�l}11 �,Jy.: tr � , ,2 �tt 1(r��}�tsf � s � � � Y � _ z�§ --^t a;f1 �� 1}{��1i it 1 2i1�� \i; rr T N: I is 1�� Y r r z � a1'��" , _ .� t r� --- - _,1 '1f' r}> _ >it� \2 4t{{�� r i'"lil��S i it , �1 }\ r �si'`:>il 1 11sry 2'WRt�S s}>;,it f�,�'t ,,) �-- '.E u>._ - - { �,i� ,�t'�0��141�i�1�� l�iiii�l' t's`Art41`�s"42r, s�l��r�4 ,�� rt��a l�lk ,d}�1J�r"�Yos �'� lr �� `��t � „�1 +11111 \1��}� �1� :} ,rs,i�,1, � ftp# il'}`�S,�, ��t tai 'T Vit.. � � 1iti�1�{1r ,��1�y ,�l��u ��1`<�,� ��1�31�,�h7t ti}�)li��S}1j{1�r d t} � '� '��--.. �4 1�S t iS s:., 1A\i �i 1f1:i '"ri r+.,1r 1 i 1 i) z}�s1��,, sV\ h 7 G � >•�� S��(�, �At i}I ,tiff stf 1Zt�U'1k� � t� s13,1rt1s��2i�tftr „�'��3�`1r;.1`Y�}��,t.�`2,t��j1�': ...f�> _ - `��5��' o-_ r- - �'`�} '!}4{�}�i1��lttsl2�{,„tJ�{i�'��}l��i 11�r{i t1}t�j1 �f14 v ,1 4� �,�t �v t�� ,i ! s��. f3� ,� I 1� � \1�1, : i :,,: : x : 4 � - - A_-�..��- - =._ } ��1r�, �1(�t1��t}l,,lt1,A)��1i�h ,1��,�J1 P }�2r.. � {tt�1,itis�Fs f.,1�1,1'��a W��)� ,.-.__.r� - - ��, `_~ � � �� En{{ a 4 s}t1rt1}�1Sjt,}1},i 1+1 sl,{i{:11t1s't��t�r11 � f�3s11i�'t4�� r��, �� g'�1 ��"�� t' r�., 1� 4,___ � �,,�S 1'}��:J}� +4�)t..1`�1 ft4�rt--.ii��; }it l�;�i%�� :,�„i 3f 1,,.t.,7r�.ta �1{{�f� (��f_. � � :- �1 �� `� � �"�Ga �l,lr��,r,� l�l��)r tk\)„�£jfir4�t�1��si�sa(ys�'�1,1 t11r �2'j-_��s 1t�Zj}»tt��t��{441, .� � s ��, ,� t ) S' 4 i�� 1 � �� s�� +., vl�l�+ts�>}. 11\Sls,,t:�. A #�1 � l t� �t � i�,��{11��ls(q,a - � S k�l�`, ��f x 1�qq�„ .At { 1i i��s,tFr1\� i 1 � ss1 t z 31111}(�4�?�U`��1fr��t{v�SSi1$r1�F �,}ryi#;��1��1� 1�� '�� -t `h�_ -- �� -� 1 ��\"" S��r t;�1��i�1\?-1 i�its�r �l'.�. ` £}i f5S X111�;`i ifs }�;e��t �r -� - k G:._ t �'� ts,�lir�S 1 Irl + ,tii` t �Vt i s1Al rr ' � ,U `� � '� � Y v� 1,� ��r�ti}1t{�t�#�liy��ly�t�S��c ,,+'>a�a� „,�,c1t��}}r r, s i�� l�Y� � ��, g1?t 0 �� V` 1 r r ,v �� }t 41'21 � `�itrA�1y ,t� 1 t � i„�y1,iY)s��f ass 11 F '� .0 � r �f� - '� -v��i � � p 4 i�� 1�2� ��{a11`�� s r - � - -?"< ' '` " 1� ___ '� - _ 3 - �� - r I �' - 1r� -_- _ � 1�� _- r _-� � _- .� - t _� 1 - - r -. _ __ 6 _- � „1_ � � � _ r i �. �, ',t �,� � ff� ; ,!�`_ _ � � �� ,1�'��k ��,� ,gid+ � � ..� � �v� 4 � -- {__ -_ _ k �irl` w•• i V , ,. o t � �' 1 �, r j 0 .i - ,"� �f n 1 i � Y rr;J v t� � t C. r r� - � t i, + 3 Ggg��>�, Al N u� ! i * WWII— ;Y0 6 ,� g fg+,��, '�d � aC.:�4' � g5s✓ �w� �b '�� ,, � i � y'�4� !� �fh� �c�k - .p m.e c fit« t.. r� � „mow rrr � l r r � t 014 c s , s '�atdrb � i bull �" "('r � i AOe1 gnu, ks �� s s iso i s s(S3 v C.sz$i stt i s ,t �t�i i�i�)14 ,t tt(1tS32 i>f 3i silt �)ib 111 sA1 sy,y r = �st�;l�,�iq t y ; t 5 �Sisl�ii sl rS i i { �� l 3`, j}S3 lil � � -17 3' s\l� ?•,t l�il !�r sty '�'� � s_ �;— s If siis3ysl3 s{lk�iG h41 �s l f 't i II t s i i 4 9 i„fti} r•AY S 3 Ali � ss,I,S1'3s�s i(�l>jslt � yl C>1 �5 al 1r s rA t 1 v 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.