Loading...
Agenda 02-18-20 (2) (D AGENDA Building Board of Ad'ustment and Appeals DATE: Tuesday, February 18, 2020 TIME: 10:00 A.M. PLACE: Boynton Beach Intracoastal Park Clubhouse Commission Chambers 2240 n. Federal Highway A. Call to Order— B. Elect New Chairperson — C. Acknowledgement of Members and Visitors D. Approval of Agenda &Minutes (minutes of 09/2512019 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: A 2nd continuation hearing has been requested by the Board on September 25, 2019, requesting that Mr. and Mrs. Ho will have all their permit documents submitted for approval with the City of Boynton Beach by licensed engineer and licensed architect by January 31, 2020. 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:1Development\BUILDING1Building Board of Adjustments&Appeals\FY 2018-201911101 N Federal Hwy\Agenda 2020.02.18—Accessible Agenda& Packet.docx City The DEVELOPMENT DEPARTMENT BUILDING DIVISON 3301 Quantum Boulevard,Suite 101 P.O.Box 310 Boynton Beach,Florida 33425-0310 TEL, 561-742-6350 (0 FAk561-742-6357 www.boynton-beach.org February 13, 2020 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 Tuesday, February 18, 2020 meeting at 10:00 AM. The applicants Mr. Wing Kei Ho and Mrs. Karen Yeh Ho, property owners, is appealing a demolition order based upon Section 116.4, inclusive, of the City of Boynton Beach Administrative Amendments to the 6th Edition of the 2017 Florida Building Code, which allows for his/her right, as property owner in control of an unsafe structure or system,to appeal the decision of the building official. Also attached is a copy of the staff report, staff exhibit A, B, C, D copy of the applicants application, applicants back up. If you have any questions or need any additional information please contact me in the office at 561.742.6350. Thank you. Sincerely, Shane Kittendorf, CBO, CFM Building Official sk/fap Attachment Xc: Members of Building Board of Adjustment&Appeals City Commission Members Lori LaVerriere, City Manager City Attorney Judith Pyle, City Clerk Recording Secretary Mike Rumpf, Director of Development Shane Kittendorf, Building Official, CBO, CFM Mr. and Mrs. Ho, 9174 Chianti Court, Boynton Beach, FL 33472 -Via Email S:1Development\BUILDING1Building Board of Adjustments&Appeals\FY 2018-201911101 N Federal Hwy\Agenda 2020.02.18_Accessible Agenda& Packet.docx 4 Kuntzman, John From: Kuntzman,John Sent: Monday, February 03, 2020 5:05 PM To: wh561 @yahoo.com Cc: Kittendorf, Shane Subject: 1101-1103 N Federal Hwy Good afternoon, We are in receipt of your permit application (20-0477) and request access to the building to have a better understanding of the proposed scope of work. We are requesting our electrical, plumbing and building plan reviewers have access to the inside per Boynton Beach Amendments to the 2017 FBC 110.2 and 110.21. 110.2 Preliminary inspection. Before issuing a permit,the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit,the building official may examine or cause to be examined any building,electrical,gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge,alter, repair, move,demolish, install, or change the occupancy. He/she may inspect the buildings,structures,electrical,gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. Please let me know when we may schedule this as soon as possible to ensure a speedy plan review Thank you 1 r Kuntzman, John From: Microsoft Outlook To: wh561 @yahoo.com Sent: Wednesday, February 12, 2020 4:03 PM Subject: Relayed: RE: 1101-1103 N Federal Hwy Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: wh561@a1oo,com wh561t ahoo.com] Subject: RE: 1101-1103 N Federal Hwy Ez RE:1101-1103 N Federal Hwy 1 Persaud, Farah From: Persaud, Farah Sent: Thursday, February 13, 2020 11:07 AM To: wh561 @yahoo.com Subject: 1101-1103 N Federal Hwy Importance: High Tracking: Recipient Delivery Read wh561 @yahoo.com Kittendorf,Shane Kuntzman,John Read:2/13/2020 1:37 PM KittendorfS@bbfl.us Delivered:2/13/2020 11:07 AM Kuntzmanl@bbfl.us Delivered:2/13/202011:07 AM Good Morning Mr. & Mrs. Ho, We are in receipt of your permit application tZQ7QM and is requesting access to the building to have a better understanding of the proposed scope of work for the above address. The City is requesting our electrical, plumbing and building plan reviewers have access to the inside per Boynton Beach Amendments to the 2017 FC 110.2 and 110.21. 110.2 Preliminary inspection. Before issuing a permit,the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical,or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures,electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. Please let me know when we may schedule this as soon as possible to ensure a speedy plan review Thank you, Farah 1 EXHIBIT A MINUTES b MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING HELD ON WEDNESDAY, SEPTEMBER 25, 2019, AT 11 A.M. INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA PRESENT: Sanford Guritzky, Chair Shane KittendorF, Chief Building Official Andrew Podray John Kuntzman, Deputy Building Official Daniel Berger James Cherof, City Attorney Damian Brink Timothy Dornblaser (arrived at 99:09 a.m.) A. CALL TO ORDER Chair Guritzky called meeting to order at 10.58 a.m. B. ELECT NEW CHAIRPERSON C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 08/14/2019 MEETING) Motion Mr. Brink moved to approve the minutes. Mr. Podray seconded the motion. The motion unanimously passed. 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; A continuation hearing has been requested by the Board on August 14th, 2019, requesting that a Florida Licensed Structural Engineer perform an inspection and provide an evaluation report within the 30 days to determine the building integrity and structural soundness. d Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 An updated engineering report was provided. Mr. Podray was aware Mr. Kittendorf sent a letter about the engineering report and asked what the findings were. Mr. Kittendorf confirmed he had questions about the report and he requested some administrative corrections to the report; however, Dr. Cheng was out of town. The new report had updated information regarding the conclusion of the structural soundness of the building. Dr. Cheng is a certified structural engineer who meets the City's requirements. The engineer provided a minimal understanding of the compliance to the structure's soundness. He is not qualifying the building would meet Code or human occupancy at this time. He only stated the work performed by the owner has bought the structure into a stable condition. (Mr. Domblaser arrived at 11.09 a.m.) Mr. Berger understood the report indicated the building was safe for the time being and inquired if the repairs made took a band-aid approach. Mr. Kittendorf confirmed it did, but the report did not make the building safe. The building is still considered unsafe especially with repairs made, across the Board, without permits. Mr. and Mrs. Ho made immediate attempts to retain an engineer, and although they made some repairs to secure the structure from further deterioration, such as securing the trusses, a lot of questions were raised due to the photographs. Mr. Kittendorf sent correspondence to Dr. Cheng earlier in the day, he questioned exposed soffits and the diaphragm of the truss system; the distance separation of openings and sanitary sacks; and the reroofing and existing exposure to the weather. There is water intrusion and decay of existing materials. The ceiling drywall was collapsing and there are exposed wires, creating a fire hazard. One photo showed wood-borne organisms in the structure, which would require an exterminator to conduct a wood-borne organism survey. There is a plywood repair on the southwest comer of the building that was made without a permit. There were concerns based on a photo, the length of the nails does not meet minimum requirements. Staff would want to ensure the nail length is properly secured, which could be done at the time of permitting and confirmed at the time of inspection. There were many other concerns, which Mr. Kittendorf expounded on, as contained in his communication to the engineer based on the report. He advised the department has set precedence on two other structures that were about the same or worse condition and thought an eleven-month window to bring all into compliance would be adequate. Mr. and Mrs. Ho are looking at other options as it is expensive to renovate or rehabilitate a structure. It may be too costly to bring the building into compliance, and Mr. and Mrs. Ho may want to reassess this matter. Chair Guritzky noted Mr. Kittendorfs comments were based on photos and asked if a physical inspection had been conducted. Mr. Kittendorf responded the City has not been granted access to the structure. 2 } Meeting Minutes Building Boars! of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 Attorney Cherof asked if inspection report distributed at the meeting was to supplement or replace the report in the Board backup and learned it was to replace. Mr. Kittendorf needed an original of the report. Since Dr. Cheng was out of town, Mr. Kittendorf could not attest to the authenticity of the report, except for his emails with Dr. Cheng. Attorney Cherof advised the report distributed by Mr. Kittendorf will be made part of the Board record. Attorney Cherof asked Mr. Kittendorf, based on the information provided to him, if he changed his opinion whether the building is an unsafe structure. Mr. Kittendorf responded it was still unsafe. Attorney Cherof noted the report from Dr. Cheng makes multiple references to repairs or replacements, and asked if any of them were preceded by a building permit and learned there were none, nor was there an application for a building permit pending. Attorney Cherof queried if a timeline for making an application for building permits was given to Mr. Kittendorf by the property owners and learned they had not. Attorney Cherof asked if an application was made in conjunction with issuing building permits for work previously done that would require a physical inspection on the property by the City. Mr. Kittendorf responded it would. Attorney Cherof asked if the property owner indicated if they would consent and allow City staff on their property to make inspections and was advised they would not. Mr. Podray asked if the City could force a business or homeowner to make their building habitable. Attorney Cherof responded they could not force the property owner or applicant to do so. The remedy is this process to declare the building an unsafe structure and if not repaired, order its demolition. Mr. Podray commented he did not support giving the City the power to step onto property to say there is mold or an electrical outlet that could be more secure. He commented when someone is repairing their home, they do not necessarily have to bring everything up to the current Code and the structures are grandfathered in. He thought if the Board does not completely roll over, the City will press their case, the applicant will sue and end up in court. He thought the only reasonable method to get past the issue was to say as long as the report has been substantiated as clear, accurate, and done by a certified professional, it is a safe structure. Mr. Kittendorf reiterated the building is not a safe structure. The structural soundness of a structure is contained in a portion of the Florida Building Code, Existing Building under Structural Repairs, and based on such, there is an entire chapter about all life safety features. He emphasized at this time, nowhere and in no case is the structure anywhere near being a safe structure to occupy and habitat. Mr. Podray commented the lawsuit will go to court and he thought there was a better way out of it. He believed the Board Members have lived through cases like this. Board Members know when the City can temporarily cross the bounds in certain circumstances and two applicants have made it clear they do not want to be tread on. He questioned how the information was obtained, and asked if they had a right to "trespass" on their property. He also thought if someone 3 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 saw something wrong with the fascia, if anyone has the right to interpret the entire building as unsafe, and then the report says the building is safe. Mr. Kittendorf contended under the Florida Building Code (FBC) Existing Buildings, the structure has to meet the Code on the design, based on how the design professional provides it. Based on the information provided, that is how the City got to the point of structural repairs. With structural repairs, the City wants to ensure if the building is considered substantially damaged or not. Based on the information provided by the engineer, he is not determining, at this point, that the vertical load combination of the structure is effective in a manner that would exceed the percentage shown in the Code definition. The engineer still has to sign and attest to the report and provide the City with part of the plans and documented information. it is one piece of the Life Safety features involved with the building. Any changes or deviation of the Code that are not like-for-like changes have to meet current code. Mr. Kittendorf advised with this report, he is reviewing the opportunity to make repairs versus demolition. It is at the Board's discretion how long a time period to give to repair. The history shows from aerial views taken by the Property Appralser's Office the deterioration started in 2005 and continued to present day. In 2005,there was a new roof system installed from a permit issued in 2004. In 2008, repairs to the roof system were visible. In 2009, there was a greater roof area being patched and in 2012 further deterioration occurred. By 2016 to 2017, one storm tore off the entire second layer of roofing exposing the existing first layer and the outline of the roof tarring on the edges. There were visible deficiencies between 2016 to 2018,which can be seen on the Property Appraiser's website. Mr. Kittendorf provided his findings and information along with the engineer's report. He was not looking for demolition unless Mr. and Mrs. Ho would consider doing so. He pointed out the repair costs may exceed what Mr. and Mrs. Ho want to spend. At present, the building is unsafe with all the life safety features that have to be addressed. Mrs. Karen Yoh Ho, 9174 Chianti Court, Boynton Beach,was present and explained they are working with a professional engineer who recommended an architect. The current building may be changed in a month or so, but they cannot demolish the building. They want to work with the City to see what they can modify to maintain the usage, which was fora storage, warehouse, civil rights facility or something else. Mr. Berger noted Mr. and Mrs. Ho have to address the mold and termite damage and asked if they would work with the City to address the building in the next year. Ms. Ho explained the goal is to work with the City. Mr. Berger asked if the improvements included obtaining permits. Mrs. Ho responded it did. Ms. Ho commented the structural engineer said the building was safe at this point, but they had to work with an architect. Mr. Berger noted the report indicated the building is safe, but for not fit for human occupancy. Mrs. Ho requested 18 months to complete the building. Mr. Kittendorf clarified the engineer did not give a clear determination that the building was safe, he only noted the repairs made to the building were more to help secure the 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 structure, but no determination the building was safe was made by the engineer. When there is deterioration, it is hard to make a statement to say it is sound. The engineer was cautious how he responded to how repairs were made, but no determination it was safe was made. Chair Guritzky asked how the City would proceed in the matter. Mr. Kittendorf replied staff can sit with the owners and provide their findings. It would be better to have a visual inspection to clearly have an understanding of the actual areas that are affected and provide a clear list of what they have to do to bring the property into compliance. The first item Mr. and Mrs. Ho need is to hire a licensed architect to review the information and then design plans and provide information on how the repairs would be made. The structural engineer will also provide details on how all will be designed and installed. The engineer provided a report on minimum items and recommendations what they can do based on the report of repairs, but in all cases, they must submit everything to the City to ensure they are Code complaint. The City will use the FBC Existing Building sections and staff will determine at what extent it triggers staff to go back to prior codes or how they can stay within the existing Code only. In most cases, the FBC Existing Building section refers applicants back to the Building Code for certain features and parameters that have to be brought into compliance.They will go through the entire section of Chapter 6 regarding repairs to a structure. It will provide a process how to assist them to get to the next level and that is what they communicate to the design professional. Staff can assist them along with what has to be provided and the information and findings he has to include to help direct licensed contractors to comply with plumbing, electrical, mechanical, and others requirements. Staff needs access to the structure, but has not received it. Chair Guritzky asked how long would it take to have an architect and engineer get back to staff for them to review. Mr. Kittendorf thought a 90-day window for plans to be submitted, and then give the City 30 days to review if there any deficiencies to go back and forth would be adequate. The Department reviews plans on a 10-day turnaround. This project would be handled through the expedited process and receive an express review with a focus on bringing the buildings into compliance as quick as possible. Mr. Ho did not think 90 days was sufficient time. . Wing Ho, 9174 Chianti Court, understood some things were not communicated, but thought they needed to agree on the issues they need to address. Mr. Ho noted the agenda and the paperwork the Board received, had a picture of an inspection that was not approved, was not part of the report. (Mr. Brink left the meeting at 91:33 p.m.) Mr. Ho had previously heard 11 months, but requested 18 months. They want to have an idea how large the repair list would be. Ninety days is not enough time to get the information into the City. He requested 180 days. 5 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 Chair Guritzky commented the case has been dragging on. Mr. Ho responded now that they have the report, they made some repairs. (Mr. Brink returned at 91:35 a.m.) Ms. Ho noted they interviewed several professional engineers. They want the building and lot to look good and be up to the current Code. They are not looking for a Certificate of Occupancy at this time. The building is empty and housing only her sewing items. Mr. Brink had no problem with 90 business days, but thought 180 days would be excessive. He suggested 90 days with a 30 or 60day extension at the discretion of the Building Official. They have to provide proof to the City there is progress. Mr. Dornblaser agreed. Attorney Cherof suggested picking a date certain. Mr. Brink liked January 31st without an extension. Ms. Ho thought January 31St may do be doable to hire an architect, obtain drawings and then have a structural engineer design. They will provide a timeline and every step of the way, they will have to have a building permit and an inspection. Mr. Dornblaser encouraged Mr. and Mrs. Ho to communicate the timeline to the architect. The time given is more than enough time to create the drawings, get them permitted and forward them to a structural engineer and then a mechanical, electrical and plumbing, engineer and get all approved by the City and then into permit. He thought it was easily attainable in 90 days. Ms. Ho advised they would do what they could do on their side. By January 319t, Ms. Ho should have the architect and professional engineers ready. She has to wait for the engineer to return from Tallahassee. When he returns, he will introduce them to the architect and they can sit down. Mr. Berger clarified the Board wants 100% design documents from the architect and structural engineers. The drawings must be ready to be submitted for permitting by January 31 st. Chair Guritzky wanted a'stipulation that prior to that time, the City will have permission to enter the property. Mrs. Ho responded she would not allow access. She said she would work with the City, provided she speaks to her architect and structural engineer and there is money involved. She has many questions and needs to speak with the architect. Mr. Berger advised if Mr. and Mrs. Ho are genuinely intent to file for a building permit, they will have to let the City have access, because it will save them time and money in designs. Revisions would be made and a third party would point out what could be done now. Chair Guritzky felt unless the City has access to that building, it should be demolished. Ms. Ho advised she would file a lawsuit. 6 Meeting i Building Beach,of Adjustments and Boynton I .da Appeals September 25, 2019 explainedMr. Ho r . Ho would not ! r i i ill go through the permitting inspection i will have officials come in for inspections. Brink i t, at some pointI likely to meet onsiteiBuilding Inspector. He asked Mr. and Mrs. Ho if they wouldI 'r building inspector on theirsaid . Mr. Brink felt there was Board consensus to grant Mr. and Mrs. Ho until January 31,2020, and the City will expeditethey had until318Eto architectan it drawings to the department. Mr. Berger noted when they get the permit at the end of January, State timelines into effect, which he explained. r. Kiftendorf requested the designprofessional(s)associated with the projectitplans and applications u i II permits secured at that time the 1 5t. Attorney l ined the prior order on August 14th gave 18 months to rehab the whichi r discussion was already builtinto the process. The January deadline was just proofmoving forward by obtaining permits. If point,that the Boardill reconvene. Chair Guritzky didt think they should reconvene. Attorney Cherof explainedthe Board can cross that bridgein February and thought the Board i proper direction withr that will be enteredinspection i ill fall into placein conjunction the permitsinspections that is done. Mr. Podray suggested givingI six monthsthe onlyr i ill have that Mr. and Mrs. Ho met withi is when they procure a contractor and they show up to ll permits. It typically takes a month or two for an architect everything. r. and Mrs. Ho will want to put the job out to bidit the deadline.January i !ng the full six months to apply for permits. ill take the City r four to six # r II and then the Board will be right meetingin 1 as he doubted the applicantsdeadline. Chair Guritzky felt R was their problem as the matter has been dragging . Dornblaser commented the process should have started alreadyit is not the Board's r lapplicants it Guritzky suggested giving January 1 to get allit l ready for permittingthey have up to February 2021 to complete the project. ' the prior supplemental order being enacted at thisti Iaccomplish . Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida September 25, 2019 Motion Mr. Berger moved by January 31, 2020, Mr. and Mrs. Ho will have all their permit documents in for approval with the City by licensed engineer and licensed architect. Mr. Dornblaser seconded the motion. Ms. Ho commented she could always ask for an extension. Mr. Podray voted in the negative because he thought Mr. and Mrs. Ho would not be able to meet the requirement. Vote The motion passed 4-1, (Mr. Podray dissenting.) Ms. Ho thanked the Board and advised if she could not meet the requirements she could always file for a time extension with good reason. G. ANNOUNCEMENTS None. H. Adjournment Motion Mr. Domblaser moved to adjourn. Mr. Podray seconded the motion. The motion unanimously passed. The meeting was adjourned at 11:57 a.m. Catherin�Cherry Minutes Specialist 8 AGENDA BUILDING BOARD OF ADJUSTMENT AND APPEALS DATE: Wednesday, August 14, 2019 TIME: 11:00 A.M. PLACE: BOYNTON BEACH INTRACOASTAL PARK CLUBHOUSE COMMISSION CHAMBERS 2240 N. FEDERAL HIGHWAY A. CALL TO ORDER— B. ELECT NEW CHAIRPERSON— C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 01/28/2019 MEETING) E. OLD BUSINESS F. NEW BUSINESS Applicant: Mr. Wing Kei Ho and Mrs. Karen Yeh Ho Reference: 1101-1103 N. Federal Highway, Boynton Beach, FL Explanation: Applicant is appealing a demolition order issued as allowed by Section 116.1, inclusive, of the City of Boynton Beach Administrative Amendments to the 6th edition of the 2017 Florida Building Code. The applicant is requesting a stay of the demolition order and additional time to conduct the work stipulated by the Notice of Unsafe Building dated 12/19/2018. G. ANNOUNCEMENTS The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. XC: Members and Alternates of the Building Board of Adjustment&Appeals, Applicant(s), City Manager, City Attorney, City Clerk, Director of Development& Building Official S:1DevelopmentlBUILDING1Building Board of Adjustments&AppealslFY 2018-201911101 N Federal Hwy\Exhibit A1Agenda 2019-08.14.doc Meeting ines Building just ets and Appeals Boynton,Beach, Florida August14, 2019 conduct the work stipulated by the Notice of Unsafe Building dated 12/1912018. Shane Kiftendorf, Chief Building Official, explained the case is in reference to an unsafe structure at the above location. The City received a complaint with regard to homeless vagrants accessing the property climbing on the roof of the property and going to other adjacent roofs causing vandalism. The owner of the adjacent property allowed the city to conduct a visual inspection of the deteriorating conditions at the subject site. Staff found the roof was collapsing and created an unsafe condition. G+aff posted the property as unsafe and made many attempts to have the owner bring One property into compliance. No action was taken. The structure is failing, the trust end roof system and sheathing collapsed in several areas. At this time, Mr. Kittendorf requested demolition occur. Mr. Brink asked when the structure was first deemed unsafe. John Kuntzman, Deputy Building Official responded the City received the complaint on December 10, 2018, and a site visit was conducted on December 20, 2018. The City posted the property on December 21, 2018. Mr. Brink asked if the damage to the structure occurred in 2009 due to a fire. Mr. Kuntzman was unaware of a fire. Mr. Ho is appealing this and requested a stay on demolition. James Cherof, City Attorney, administered an oath to all those intending to testify. Mr. Ho advised they received notice early this year and he and his wife had discussions with Mr. Kittendorf and Mr. Kuntzman. During the discussions, it was disclosed the property is used for warehousing and storage. He understood the possibility of demolition. They later found out they would not be able to build the same structure, if the building is demolished, because of the lot size. There was discussion about the zoning. Mr. Ho understands the zoning is C-4. When he looked at the use regulations, as to whether warehousing can occur, the regulations say no. He read the regulations under C-4, Warehousing is permissible and there is a note to say See 12. He thought that discussion should be completed as they move forward how they would use the property and how they could correct the problems. His wife was handling the demolition notice earlier, but she unfortunately was incarcerated because her brother stole her inheritance. Mr. Ho took over the discussions with Mr. Kuntzman in late April. His wife submitted a stay for demolition so they could make remediate the building, but they may not be able to build the same structure on the same footprint. Mr. Kuntzman informed him the stay Ms. Ho submitted was rejected. He had not seen any of the evidence. In a discussion, Mr. Kuntzman suggested the building be evaluated and remediated to maintain the use of the property. He submitted another stay on May 7, 2019. Afterward a meeting was set up to discuss how to move forward. The first meeting was in early June. He showed up, but there was a procedural issue about posting so he had to reschedule the meeting. Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 14, 2019 Mr. Ho advised an email was sent on July 1 , 2019, which he did not see. A call was made to him on July 21, 2019, to set a July 24th meeting, which was too short a notice for him. Staff attempted to set up the August meeting and Mr. Ho had not heard anything since July. He was able to get his wife out of jail earlier this month. He was requesting six months for the initial hearing to allow for engineering evaluations so they would know how to move forward and resolve the use issues, and then they would know what kind of remediation are needed and then another 12 months to complete the work. In total, he needed 18 months. He spoke with Mr. Kuntzman who indicated it would be reasonable, and that was why he was requesting to cancel the demolition. He wanted to renovate the structure. He is still getting calls from engineering and he indicates he co, `d provide him with a proposal, but he has not seen it. He received another proposal that seemed more responsive. He has three he was working with to get it done. He re;®nested receiving the six-month extension. He has to hire a design professional in six manths. Ms. Karen Ye Ho, explained the building went through several hurricanes and stood. She never heard from her neighbor complaining about the building or tearing it down. They would like to rebuild the building but they have to rehab it. If they demolish the building, it would be just a piece of land zoned C-4. She would like to spend the money to rehab the building, but she has been dealing with legal issues. She will use the money for a civil rights community center, which will be a foundation to address civil rights violations. She agreed with her husband, they need an extension to work with professionals and not demolish the building. They want to rebuild for the community and to service the community. In the meanwhile, they can paint and improve the building aesthetics in a week or two. She used the building for her own warehouse, never rented out. They own properties and are good landlords, as they have started to fix up the buildings and houses. The building was strong, having survived Hurricane Irma. None of her belongings were affected. The interior was dry. She came to the community meeting to express her opinions. She hoped the Board would grant an extension. Mr. Podray explained they have owned the building for a long time and asked if it was always their intent to keep the building as storage. The Ho's explained they only bought the building recently. Their son owned the building and they received the building by Quit Claim Deed. Her next step is to use the property as a Civil Rights Center. They have owned the building since July 17, 2014. Mr. Berger noted the question is the building needs rehabilitation. They indicated they would fix up the outside and after the six months need a year to make it safe. He asked, in view of Ms. Ho's many appeals, if they had the resources to sufficiently pay for the immediate rehab of the outside and interior of the building. Mr. Ho thought the outside was an issue and advised they have someone to take care of the outside. The dispute was a strip of land owned by the City, which was not taken care of. The back of the property had a slope and it belonged to Florida East Coast(FEC) Railroad. At one time, FEC attempted to clean and they dumped the debris on their property. There was confusion about the FEC and City property theHo's had to maintain. The outside is kept up and maintained. They have a budget, but they have to get some idea of what is 4 Meeting Minutes Buildingoar of Adjustmentsand Appeals Boynton eac , Florida August 1 , 2019 involved. Someone will come out and decide what can be repaired and take it to the City so they can get to the point to bring it back to all's satisfaction. He requested 18 months, which Mr. Kuntzman thought was reasonable. Ms. Ye Ho explained C-4 is zoned for warehouse for storing their personal belongings and they do have the resources, but need competent people to do the job. Eighteen months should not be an issue. They would have to modify the building, replace the walls with concrete block and have a new structure. They would not know the cost until they get an engineer and submit the information to Mr. Kuntzman. The City shouod snow the lawn. Brightline cleaned up the land. When the train goes through, it spry.ids trash. Her neighbors, who are renters, put a fence there and they never complai;-led to her. Attorney Cherof asked when they acquired the property and Tear,ped they obtained the property from their son in December 2018. He owned the property for two or three years. Attorney Cherof asked if they used the property for her family business during the time the son owned the property. They used the building for family storage. When they acquired the building, they were aware of the condition of the property. Since owning the building,they have not paid any funds for inspections on the property, because the interior has not leaks. Attorney Cherof explained the Building Official determined the property is an unsafe structure under the Florida Building Code. Ms. Ho disputed the determination because it survived many hurricanes and had no damage. The windows are there. Attorney Cherof pointed out the outside walls are standing, but the Building Official is asserting the roof is damaged and not safe. Ms. Ho explained her husband was arranging for someone to come in and look at the roof. She noted Mr. Ho's brother is a professional civil engineer in New Jersey and is certified in several states, but not Florida. Attorney Cherof requested confirmation that during the entire time they have been discussing the condition of the property with the Building Department, they have not spent any money to make those determinations. Attorney Cherof noted they have not spent any money on any professionals during discussions with the Building Department. Mr. Kuntzman kept pushing for demolition. She asked if she demolished the building if she could rebuild and another department explained she could not, so she appealed. The lot size cannot be zoned for an unauthorized structure. The building is grandfathered in, so they can only rehab it. Attorney Cherof asked Mr. Kittendorf why the building was unsafe. Mr. Kittendorf explained a visual inspection of the roof showed the roof was collapsing. There were multiple indications of failure based on the pictures attached to the meeting materials. Based on the visuals, an extremely unsafe condition exists and that is why he was requesting immediate action be taken on the property. Ms. Ho asked if building is unsafe, why it was not leaking. Mr. Kittendorf explained the Building Department has taken opportunities to communicate to the owner, they need to bring the property into compliance, and in eight months'time, no action has been taken. Staff would like to move forward with the demolition as they have given the Ho's over eight months to bring the property into compliance and no action has been taken. Ms. Ho commented if the Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 14, 2019 Building Department takes her property rights they will be sued as the Building Official does not have the right to demand demolition when the inside of the building is perfectly sound and safe. She is not using it as a business rental, only storage and there is not a drop of water inside. She admitted the building is ugly. She can paint the building, but if the City demolished the building, she could not build on the property and the property would be devalued. She can turn the building into a nice property. Chair Gurltzky explained at this point the Ho's have done nothing. Ms. Ho disagreed and commented they have cleaned the City property on the side of the building and the City was negligent in their care of the property. Mr. Ho clarified there were options in the beginning. They were inclined to demolish in March. After that, they understood the implication of demolition. Mr. Ho explained he is new to this. He stopped talking to Mr. Kuntzman. He asked to appeal the demolition and keep the building's structure. He commented, once demolished, they cannot have a C-4 Zoning because of the size of the lot. Ms. Ho understood it was still CA but they cannot build anything on it. When she spoke to Mr. Kuntzman, Mr. Kuntzman said they could demolish the building and construct a new building. She asked if he was certain and he asked Zoning and at a group meeting, the Zoning said they could not build the same building on the same lot. It was suggested they rehab the building to the existing building's square footage. She explained people get new roofs all the time and they did not have to demolish the entire building because of the roof. She explained that is the City's opinion and they want the o's to demolish the building so the CRA can buy it cheaply because they cannot do anything with the land anymore. Chair Guritzky explained there is a structural problem. Mr. Kittendorf commented as the Building Official, he has determined that there is a structural problem. The roof system is failing. He read F.S. Chapter 116 FC 116.1.4: "The decision of the Building Official shall be final in all cases of emergency, which in the opinion of the Building Official involved imminent danger to human life and health or the property of others and he or she shall promptly cause such building structure, electrical, gas, mechanical of plumbing systems or portion thereof to be made safe or cause its removal. For this purpose, he or she may, at once enter such structure or lane in which it stands, or abutting land and structures with such assistance has such as to cause the he may deem necessary, he or she may order the vacating of adjacent structures and may require the protection of the public by appropriate fencing or other means that may be necessary for its purpose and may close it a public way." Mr. Kittendorf made the determination that this structure is unsafe. Staff gave ample time to the Ho's to obtain evaluations from an engineer and to bring the building into compliance, but since then nothing was done. He noted it has taken some time for the building to get to its current condition. It has been occurring for years. He noted the property appraisers, aerial view, shows how the building has substantially deteriorated 1 over the last 10 years. At said time, staff has done all they could to assist clients to come into compliance and nothing was done. The meeting is to hear a stay of demolition, and Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 14, 2019 as a Building Official, he is requesting an immediate demolition as in eight months, they have taken no action or spent anything to bring the property into compliance. Ms. Ho commented the Building Official was using hearsay; she wanted an engineering report from Mr. Kiendorf to prove it. Mr. Kiendorf reiterated he is the Building Official and he made his determination. Mr. Kiendorf explained when Mr. and Mrs. Ho received the notice they were advised they needed an engineer to conduct a physical and visual assessment to bring the structure into compliance. He reiterated the City gave ample time to address the matter and nothing was done. Mr. Ho commented they eventually decided to get a design professional or someone licensed to see what is occurring. Mr. Ho explained everybody said they would rather the property be rehabbed than demolished. He heard it consistently. He wants the appeal and the extensions so they can maintain the structure all is advocating for rehab. Ms. Ho explained there is a cause of action. If the building is demolished, they cannot build on it and the property value is greatly diminished. She commented it was not in the City's best interests. The first time they heard of demolition was in December 2018. They have been taking care of the property for the train in the back and the side for the City. There is no lawn to mow. She asked what the benefit was to demolish the building except to depreciate their property value and asserted it was a cause of action. Mr. Podray suggested giving them 30 days to come up with their own engineering report that shows that the structure's walls are actually fine, so there is no imminent danger to the public. He noted there is a difference between a structural compromise and a roof, which would collapse in and then the walls could collapse out and cause an issue. He suggested Ms. Ho spend the money in the next 30 days, so the liability is taken off the City and the Building Official and transferred to the Ho's engineer. If something were to happen after that, the City could say Mr. and Mrs. Ho had a certified engineer inspect the project who deemed it safe, and then the Board could talk about an extension to rehab the rest of the building. The City is not in the demolition business unless there is an imminent danger. Ms. Ho agreed and asked for two months to find a qualified engineer for the report. Chair Guritzky explained this case was postponed two or three months ago. When it was postponed, he had advised Mr. Ho to move ahead with something and nothing was done. Ms. Ho advised they were in bad situation two or three months ago and she was jailed. She tried to give her husband power of attorney because nothing could occur without her signature. They own the property together, but they were moving her around. Mr. Brink clarified Ms. Ho should seek a structural engineer. Ms. Ho understood a civil or professional engineer determined safety. Mr. Brink explained she needed a structural engineer. 6 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 14, 2019 Mr. Brink inquired if the building could be rebuilt if it was demolished and non-conforming, and further questioned if the Ho's could make repairs to the structure under the Florida Building and current Codes. Mr. Kittendorf responded it would be a level three alteration and they would be required to bring it into full compliance with the Florida Building Code. He explained with regard to conforming and non-conforming uses, it was a Planning and Zoning matter with a completely separate Board and a completely separate Board discussion, which the Ho's were made aware of. A building could be constructed on the property, but what they want to build and use the structure for is not an allowable existing use, nor can it be a future use at the location. What the Ho's were trying to maintain is not an existing use. The City's position is the building is an unsafe structure. The roof is collapsing and it needs a full structural analysis by a structural engineer who is proponent and focused in the structural integrity of a structure. When a roof system fails, it affects everything else including the walls, as the walls can push out if the building does not have a complete envelope in place. When a storm comes through, it creates an adverse environment and affects surrounding structures,as the materials can become projectiles. The City is taking action on this and several other properties for the same reason. This property at this time is unsafe and needs immediate action and they did nothing. Ms. Ho commented Mr. Kittendorf has never seen the inside of the building and he was expressing his opinion. She has not given anyone permission to enter the premises and even touching the building was not legal. She commented City officials can only go around the building and she asked how Mr. Kittendorf could give his opinion. Ms. Ho explained a board member recommended she get a structural engineer and she noted another name for structural engineer is civil engineer. An architect designed the building.A civil engineer designs the safety. Ms. Ho confi ed the building was wood framed. Mr. Berger advised the Ho's have four weeks to get an engineer. There is no time to draw anything, they will be able to walk in, look around and advise what has to be torn down. A four-week timeframe is reasonable for someone to say if the building is safe for the next six months. Mr. Brink explained the State of Florida and City have granted the Building Official the authority to make these decisions. Ms. Ho commented she would have to research that point. When she went to the City, she heard different people say different things, and they were all different opinions. She thought if more opinions were wanted, the Building Department should be brought in. They will say she is grandfathered in, and they can rehab the building to the same square footage, but they cannot build if they demolish the building. Ms. Ho was asked if she would let building officials inside the structure to look at the walls. Ms. Ho responded not yet. She wanted to wait until the building professional came. She advised she would have a professional come in and advise her whether it is safe or not within however long theBoard's recommended time frame was and for how long the professional says the building will be safe, while they try to get a rehab done or something is done. 7 t Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 14, 2019 She appreciated the one-month's time to get someone in to take a look at the building. They did not try to ignore the building, she filed an appeal and then she was jailed. Attorney Cherof thought it would be appropriate to have a motion to continue the hearing to a date certain to a month after the report filed with the building official because the inspection report should be filed and reviewed by the Building Official before the hearing continues, so there is an opportunity to evaluate it. Motion Mr. Podray offered a motion for discussion. Mr. and Mrs. Ho have 30 days to get a structural engineer or the equivalent inside that building to deem it a safe structure and if that is satisfactory and he produces a report to the Building Official's satisfaction, give them the 18 months, because they would do so for the rehab. He thought as long as the building is safe, the Board should not enter a slippery slope argument that debates what constitutes a structurally compromised roof versus a leaky roof or what rot looks like on a soffit. He suggested 30 days to prove it safe, and if that is the case, they will bring it to the 18 months according to the motion and the Ho's could do whatever they want with the building. Chair Guritzky thought there should be a separate motion extending to 18 months. Ms. Ho was concerned about unknown circumstances if the civil engineer completes the report, but could not get the report to the Building Department within 30 days. Chair Guritzky explained the engineer has to submit it within 30 days. The motion is 30 days for the structural engineer to get the report to the City, the Board will give the City another week to review it and from there they will move ahead. It has to be a Florida licensed structural engineer. Ms. Ho advised she has a Florida Licensed Civil Engineer, but they are in New Jersey and Texas. The motion was repeated as: 'The Florida Licensed Structural Engineer must submit a certified report to the City within 30 days and then the City has another week to review, and from there they will move ahead. It must be a Florida licensed professional." Mr. Podray wanted to offer a different motion because the engineer may show up to the property and say if you do this, this and this, then I will certify the property as structurally sound. He thought the Board would have to convene each month to ensure the building conforms. He suggested modifying the motion as follows: That within 30 days, Ms. Ho will produce a report that either the building is deemed safe or is unsafe with these deficiencies that have to be corrected within a certain period of time. Once the building is safe, the Board is irrelevant. Mr. Brink was ok with the suggestion. Mr. Berger questioned if it was the place of the engineer to put the deficiencies with a timeframe. Chair Guritzky thought it would be up to the City to develop an adequate timeframe to remedy them outside of the hearing. Once it is deemed safe, 8 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, Florida August 1 , 2019 Mr. Podray wanted the Ho's to have their 18 months. Chair Guritzky did not think they needed the 18 months. Attorney Cherof explained the purpose of the Board is to evaluate the evidence. Once the structural engineer files the report, the Building Official will review it, the Board would need to meet to evaluate the evidence,the Building Official's response to it,the engineer's report itself and then make a determination how much time, if any, is necessary to effectuate repairs. He saw it as a two-step process. All agreed. Chair Guritzky asked who made the motion and learned Mr. Podray had, but discussion followed. Motion Attorney Cherof explained the motion as to continue the hearing on appeal to allow the property owner to retain a Florida licensed structural engineer to file a report regarding whether the property is safe or unsafe, plus time for the building official to review it and at that point, the building official would take care of the process of resetting the hearing. It was explained to Mr. and Ms. Ho they have one month from today for the structural engineer and another week or so for the building Official to review and a week or so to coordinate the calendar for a hearing. The Ho's end up with additional time in addition to the 30 days, but the important part is to get the structural engineer's report on file. Ms. Ho requested to add a civil engineer to the motion instead of structural engineer. Mr. Berger explained most structural engineers go to college for civil engineering and they major in that, and at some point out of college, they obtain there P (Professional Engineer) License and a stamp structural engineer. It is sort of the same thing, but the Ho's needed to be talking to a licensed structural engineer. Civil Engineer is land development. Attorney Cherof asked if the Board was okay with the way he had praised the motion. Mr. Brink seconded the motion. Attorney Cherof requested a motion to restate that and then a second. Mr. Podray explained Mr. Brink had so moved. Chair Guritzky seconded the motion. The motion unanimously passed. ADJOURNMENTG. Motion There being no further business to discuss, Chair Guritzky moved to adjourn. Mr. Podray seconded the motion. The motion unanimously passed. The meeting was adjourned at 12:05 p.m. Catherine Cherry Minutes Specialist ! 9 EXHIBIT B BOARD ORDER AND ENGINEERS REPORT/EMAIL DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE CITY OF BOYNTON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . : 20-00000477 ADDRESS . . . . . . : 1101 N FEDERAL HWY BB APPLICATION DATE 1/30/20 APPLICATION TYPE COMMERCIAL REMODEL, INT/EXT ------------------------------------------------------------------------------ OWNER . . . BENJAMIN & KAREN HO 9174 CHIANTI CT BOYNTON BEACH FL 334722459 CONTRACTOR ------------------------------------------------------------------------------ AGENCY NAME: SUBMITTAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/03/20 APPROVED JOHNSON, NICOLE E ------------------------------------------------------------------------------ AGENCY NAME: PLANNING & ZONING DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/06/20 NOT APPROVED/SEE COMMENTS BENCOSME, LUIS J February 6, 2020 1:18: 11 PM byb2ljb. Reviwer: Luis Bencosme, Planner II Result: Not Approved Comments : (1) Please, see the below code sections applicable to the subject lot and proposed improvements: Chapter 3, Article V, Section 1I.A.7 a. Generally. In non-residential districts, additional floor area and/or expansions to nonconforming buildings and structures are allowed, provided that the development meets all district setbacks. In non-residential zoning districts, excluding M-1 Light Industrial, if both the lot area and lot frontage are not less than eighty-five percent (855) of that required for the particular district, then structures and floor area may be added and the use may be changed from a residential to a non-residential use on a nonconforming lot, without requiring the approval of A variance for the lot area or lot frontage. if either the lot area or lot frontage is less than eighty-five percent (85%) of that required for the particular district, then approval of a variance would be required in order to add structures or add floor area to existing buildings or to change the use from a residential to a non-residential use. Improvements which do not add structures or floor area or change the use of the property shall be permitted, regardless of lot size or frontage. For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, approval of a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel. DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 2 CITY OF BOYNTON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . . 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: PLANNING & ZONING DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/06/20 NOT APPROVED/SEE COMMENTS BENCOSME, LUIS J Chapter 3, Article V, Section 11.B.2.. Building or Structure Deterioration or Destruction. a. Greater than Fifty Percent (50t) . Should the structure or building be deteriorated or destroyed by any means to an extent of more than fifty percent (50%) of the assessed value of the structure or building as determined by the Building Official, it shall not be reconstructed except in conformity with the regulations and standards of the Land Development Regulations. b. Less than Fifty Percent (50t) . Should the structure or building be deteriorated or destroyed by any means to an extent of less than fifty percent (50t) but more than thirty-three percent (33%) of its assessed value as determined by the building official, it may be restored only upon issuance of a variance by the City Commission in accordance with the provisions of Chapter 2, Article II, Section 4 .D. herein for the particular building or structure nonconformity or nonconformities. A variance by the City Commission shall not supersede a condemnation order of the Building Official or of the Building Board of Adjustments, and such variance shall not obviate the necessity of obtaining other needed waivers or variances from the city. (2) Please submit a letter from the City of Boynton Beach Building Official specifying the building assesed value. February 6, 2020 1:48:23 PM byb2ljb. ------------------------------------------------------------------------------ AGENCY NAME: ELECTRICAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/07/20 NOT APPROVED/SEE COMMENTS MANGOVE, JOSHUA M February 7, 2020 9:33 :24 AM byb2jmm. REVIEWER: JOSHUA MANGONE EMAIL: GONEJ®BBFL.US PERMIT# 20-0477 REVIEW# 1 REVISION# 0 ADDRESS: 1101, 1103 N FEDERAL HWY PLEASE PROVIDE A NARRATIVE RESPONSE LETTER IS MANDATORY TO ADDRESS ALL COMMENTS AND TO BETTER ASSIST WITH A MORE EFFICIENT PLAN REVIEW PROCESS. PLEASE NOTE THE SHEET FOR WHICH THE DESIGN WAS REVISED. IF THE NARRATIVE RESPONSE LETTER CONTAINS AN ENGINEER EVALUATION OR AN ENGINEERING STATEMENT TO ADDRESS DESIGN COMMENTS, THEN THE NARRATIVE RESPONSE LETTER SHALL BE SIGNED AND SEALED. (ADVISORY) 1. THE EXAMINATION OF THE DOCUMENTS SHALL INCLUDE THE FOLLOWING MINIMUM CRITERIA AND DOCUMENTS, ELECTRICAL, DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 3 CITY OF BO ON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NER . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: ELECTRICAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/07/20 NOT APPROVED/SEE COMMENTS MANGONE, JOSHUA M WIRING SERVICES, FEEDERS AND BRANCH CIRCUITS, OVERCURRENT PROTECTION, GROUNDING, WIRING METHODS AND MATERIALS, GFCIS, EQUIPMENT, SPECIAL OCCUPANCIES, EMERGENCY SYSTEMS, COMMUNICATION SYSTEMS, LOW VOLTAGE, LOAD CALCULATIONS. FBC TO BBA 107 . 3 .5.1.2 2. LIGHTING SYSTEMS SHALL BE PROVIDED WITH CONTROLS AS SPECIFIED IN SECTIONS FBC 0405.2.1, C405 . 2.2, 0405 . 2.3, C405 .2.4 AND ,C405.2.5. 3 . PROVIDE SIGN CIRCUIT AS PER NEC 220 . 14 (F) 4 . NEC 225.31 DISCONNECTING MEANS SHALL BE PROVIDED FOR DISCONNECTING ALL UNGROUNDED CONDUCTORS THAT SUPPLY OR PASS THROUGH THE BUILDING OR STRUCTURE. 5. THE DISCONNECTING MEANS SHALL BE INSTALLED EITHER INSIDE OR OUTSIDE OF THE BUILDING, STRUCTURE SERVED, OR WHERE THE CONDUCTORS PASS THROUGH THE BUILDING OR STRUCTURE. THE DISCONNECTING MEANS SHALL BE AT A READILY ACCESSIBLE LOCATION NEAREST THE POINT OF ENTRANCE OFTHE CONDUCTORS. FOR THE PURPOSES OF THIS SECTION, THE REQUIREMENTS IN 230.6 SHALL BE UTILIZED. NEC 225. 32 ------------------------------------------------------------------------------ AGENCY NAME: PLUMBING DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/06/20 NOT APPROVED/SEE COMMENTS GLASS, HENRY H February 6, 2020 8:44 :41 PM byb2hhq. Permit#: 20-477 Revision #: (0) Review #: (1) Plan Reviewer: Henry Glass Email: glassh@bbfl.us Please provide a Narrative response letter to address all comments and to better assist with a more efficient plan review process. Please note the sheet for which the design was revised. If the Narrative response letter contains an Engineer evaluation or an Engineering statement to address design comments, then the Narrative response letter shall be signed and sealed. (Advisory) 1- The plans do show indicate the number of proposed occupant, and does not include a plumbing fixture analysis for the occupancy. Please indicate the number of occupants on the plans for each occupancy and the required number of fixtures per 2017 FBC-P 403 .1.1. 2- The plans do not show a means of disposal of condensate from the proposed air handlers. Condensate from all cooling coils shall be conveyed from the drain outlet to an approve place of disposal per 2017 FBC-Plumbing 314.2 . 1. Please show DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 4 CITY OF BOYNTON BEACH P O BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . . 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: PLUMBING DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/06/20 NOT APPROVED/SEE COMMENTS GLASS, HENRY H the condensate drains for each air handler. 3- A drinking fountain is not shown. Drinking fountains are required per 2017 FBC-P 403 . 1. Please add a drinking fountain to each occupancy. 4- The drawings do not provide sufficient information to verify compliance with 2017 FBC-Accessibility 604 . Please provide dimensioning to verify compliance with the code. 5- (Advisory) Please clarify why the plans show new sanitary drain and sewer to the public main. New sanitary drains and sewers will require sufficient details to verify protection of the existing structure per 2017 FBC-P 305 .3 . 6- The proposed sanitary is shown tying into the public utility with an improper fitting. Fittings shall be installed to guide sewage and waste in the direction of flow per 2017 FBC-P 706 .3 . Please revise the design as shown. 7- The plans show two building drains. The vent system serving each building drain shall have not less than one vent pipe that extends to the outdoors per 2017 FBC-P 904 .1. If a new building drain is to be installed, each occupancy shall have its own vent to the exterior. 8- The incorrect edition of the building code is listed on the drawing. All work shall comply with the 2017 FBC, and its disciplines. Please list the correct code reference and edition on the plans. 9- The water service for each occupancy is shown as 1/211 in size. The water service pipe shall not be less than 3/4-inch per 2017 FBC-P 603 .1. Revise the size of the proposed water service entrance. 10- The water service and the sanitary are shown in close proximity. The separation of water service and building sewer shall comply with 2017 FBC-P 603 .2 . Please revise the design to show compliance with the code. 11- Shutoff valves were not shown on water services or the water heater. Full open valves are required per 2017 FBC-P 606. 1. Please locate all valves on the drawing. 12- Tempering valves were not specified for the proposed lavatories. Tempering valves are required for hand washing per 2017 FBC-P 416 .5 . Please specify the tempering valves on the plans. 13- A safety valve was not shown on the plans for the water heaters. Safety valve are required by 2017 FBC-P 504 . Please specify the safety valve, and revise the discharge piping to comply with 2017 FBC-P 504.6. ------------------------------------------------------------------------------ AGENCY NAME: MECHANICAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 5 CITY OF BOYNTON BEACH P 0 BOX 310 BO TON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: MECHANICAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/06/20 NOT APPROVED/SEE COMMENTS JERRAHIAN, MICHAEL J February 6, 2020 2:10:43 PM byb2mjj . Reviewer: Michael Jerrahian JerrahiariM@bbfl.us Permit No. :20-477 Revision #:0 Address: 1101 N Federal Hwy Review #t 1 PLEASE PROVIDE A NARRATIVE RESPONSE LETTER TO ADDRESS ALL COMMENTS AND TO BETTER ASSIST WITH A MORE EFFICIENT PLAN REVIEW PROCESS. PLEASE NOT THE SHEET FOR WHICH THE DESIGN WAS REVISED. IF THE NARRATIVE RESPONSE LETTER CONTAINS AN ENGINEER EVALUATION OR AN ENGINEERING STATEMENT TO ADDRESS THE DESIGN COMMENTS, THEN THE NARRATIVE RESPONSE LETTER SHALL BE SIGNED AND SEALED. (MANDATORY) 1. Plans submitted showed new AC/AH but missing change out form, scope of mechanical work, AHRI and tie downs for condenser. Please provide necessary documents and scope of work that clearly defines intent, nature, and location of work. (BBA to FC 107 . 2 . 1) ------------------------------------------------------------------------------ AGENCY NAME: STRUCTURAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/13/20 NOT APPROVED/SEE COMMENTS Co Y, ROBERT P February 13, 2020 5 :51:13 AM byb2rpc. REVIEWER: Robert Coady EMAIL: coadyr@bbfl.us, 561-742-6354 PERMIT: 20-477 Review Cycle: (01) , ADDRESS:1101 N.Federal Hwy. Commercial/retail interior/exterior alteration. PLEASE PROVIDE A NARRATIVE RESPONSE LETTER TO ADDRESS ALL COMMENTS AND TO BETTER ASSIST WITH A MORE EFFICIENT PLAN REVIEW PROCESS. PLEASE NOTE THE SHEET FOR WHICH THE DESIGN WAS REVISED. IF THE NARRATIVE RESPONSE LETTER CONTAINS AN ENGINEER EVALUATION OR AN ENGINEERING STATEMENT TO ADDRESS DESIGN COMMENTS, THEN THE NARRATIVE RESPONSE LETTER SHALL BE SIGNED AND SEALED. (ADVISORY) Provide Corrections as reviewed jointly with the Building Official per BBA 107 .2 .1, 107.2. 1.2, 115 (stop work) , 116.1.1 (unsafe building) as determined by the building official based on previous postings and historical DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 6 CITY OF BOYNTON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: STRUCTURAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/13/20 NOT APPROVED/SEE COMMENTS CO Y, ROBERT P documentaiton specific to this property address. * It is determined that the level of damage, required repairs/alterations have exceeded 50% of the building roof and building footprint. 1. Provide the Existing Building and Proposed Code design information on the plans to include: * Type of construction. * Occupancy Classification. * Sq.ft. calculations. * Occupancy Load. * Sprinklered or non-sprinklered building. A) Provide the design wind speed, exposure category, and risk category used for the design on the plans. per BBA 107.2.1, B) Amend the FBCEB Existing Building Code Design as submitted to include LEVEL 3 ALTERATION by design. per FBCEB-301, 501, 505 . 1 Level 3 alterations apply where the work area exceeds 50 percent of the building area. Provide an Evaluation of the Existing Building Components to include: * Roof and Exterior Wall/framing systems for this building. * Mold Assessment from a licensed contractor with recommendations, based on the duration of time that this building was exposed/open to the elements witout sufficient protection as determined by the building officail. * Asbestos inspection report with recommendations per BBA 107.2.1.2, 2 . The designer of record and the owner/builder contractor shall provide an evaluation for the Existing Roof/Truss system for this building as previously sited for work without permits. A) Provide a report with recommendations for repair/replacement with design details per currently accepted engineering practices. per (BS) 907 .4. 1, Evaluation and analysis. 907.4.2, Substantial structural alteration. per FBCEB- [BS] 907.1, 801. 3 Compliance. per BBA 107 .2 .1, 107 .2. 1.2, per FBCEB- [BS] 907. 2 New structural elements. DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 7 CITY OF BON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NBR . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: STRUCTURAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/13/20 NOT APPROVED/SEE COMENTS COADY, ROBERT P New structural elements shall comply with Section 807.2 . [BS] 907 .3Existing structural elements carrying gravity loads. Existing structural elements carrying gravity loads shall comply with Section 807 .4 . [BS] 807 .4 Existing structural elements carrying gravity loads. [BS] 807 . 5 Existing structural elements resisting lateral loads. per FBCB-1601, 1603, 1604, 1609. Termite Inspection Report: 3. Provide a Termites Inspection report with recommendations from a licensed company for review by the Building Official . in accordance with Section 1503 . 7, Section 2304. 12 . 9 or Section 2304. 12 .4, specifically required to be inspected for termites in accordance with Section 2114 per BBA107.2. 1.2, FBCB-110.3 . 11 Termites. Accessibility: 4. Provide an FCA Accessibility code on the plans to include: per FBCEB-301. 1, 906 .1 FBCBA- 202 . 3, 202 .4 * Parking space design/location dimensions and sign required. per FBCBA-202 .4, 208 .1 * Accessibility route from the parking to the entrance of the building. FBCBA-206 .1 * Accessible entrance door/threshold with route and Signs required in the occupancy.FBCBA- 206.4, 216, * Drinking fountain location if required based on the Occupant Load not provided on the plans. FBCBA 211. * Provide anexpanded footprint of the Accessible toilet rooms design, dimensioned to include clear floor space and all required accessibility components within the room to include toilet/water closet, grab bars, toilet dispenser, sink deign requirements, toilet design requirements on the plans. per FBCBA-213.1 Truss Plans: 5 . Provide a truss layout plan with uplift design requirements based on design loads. A) Provide required uplift design for the load path design as submitted throughout the construction plans. B) Provide (2) two sets of SIS signed, sealed and dated Truss engineering from the designer of record. Construction Drawings; DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE CITY OF BO ON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NER . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: STRUCTURAL DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/13/20 NOT APPROVED/SEE COMMENTS COADY, ROBERT P 6. Provide complete dimensions and construction details/nailing and load path for the rear and front pages submitted: * Beam construction details. * Load Path construction details. * Nailing schedule for all wall and roof construction. * Pitch of the roof. * underlayment design requirements. * Flashing requirements. per CBB 107.2.1, 7. Provide 2017 FBCB 6th edition product approvals for all windows, doors, and roofing. A) Provide the existing Opening Design Pressures for the New Openings on the plans. FB -1709. 5, 1501, per FBCB-1601, 1603, 1604, 1609. Deferred submittal list: 8. Provide an Exhaustive deferred submittal list on the plans for all design details not submitted for initial issuance of permits to construct. per BBA 107 .3 .4 .1 Valuation: 9. Provide VALUATION documentation for all work, materials and labor included on the plans submit. per BBA 109.3 . Asbestos Design: 10 . Provide asbestos design language on the demolition plans. per FBCB-105 .9 A) The contractor shall provide the CBB Asbestos Notification Statement filled out, signed and dated for the permit file. per BBA 105. 9 not submitted. Energy Design: 11. Provide proposed energy design documentation. per PBCEE-908 .1 Minimum requirements. Alterations subject to this Chapter shall comply with the requirements of the Florida Building Code, Energy Conservation. (not submitted) . ------------------------------------------------------------------------------ AGENCY NAME: FIRE DATE ACTION ACTION BY ------------------------------------------------------------------------------ DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 9 CITY OF BO TON BEACH P 0 BOX 310 BO TON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION N13R . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME: FIRE DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/10/20 NOT APPROVED/SEE COMMENTS SIMONSON, M CHRISTOPHER February 10, 2020 9:32:46 AM byb2CMS. Chris Simonson, Plans Examiner Fire Plan Review 561-742-6611 Permit # 20-477, Revision #0, Review #1 Provide a detailed Letter of Response identifying how each previous comment has been addressed and identifying where in the documents the changes have been made. Letters shall be dated. The individual supplying the response shall be identified along with their contact information. Every sheet affected by a revision shall be updated. 1. Provide a Life Safety Code Analysis. Analysis shall reference the 6th Edition of the Florida Fire Prevention Code, provide information for the occupancy classification that meets the definition of one described in Chapter 6 of NFPA 101, and information for the occupant load of each space Occupant load shall be calculated with the factors determined in NFPA 101:7.3 . 2. Add notes for the existing conditions or information for the installation of new Premise Identification at the front and rear exits of the building. (NFPA 1: 10 . 11. 1) 3. Add notes for the installation of tactile exit signs to be installed on all doors requiring an exit sign. (NFPA 101:7.10 .1.3) 4. Add notes for the installation of Fire Extinguishers. (NFPA 10) 5 . Revise the door swing of the new doors to swing in the direction of egress. (NFPA 101:7.2 .1 .4 .2) 6 . Provide a photometric plan for emergency lighting verifying conformance with minimum illumination and maximum ratio. (NFPA 101: 7 . 9.2) 7. Provide information for the existing conditions of a fire alarm or a fire sprinkler system. modifications made to an existing system shall submit separate plans meeting the minimum documentation described in NFPA 13 :23 .1 and NFPA 72:7.2. 8. Due to the lack of information more comments may be applied at the time of re-submittal. DATE: 2/14/20 PLAN REVIEW CORRECTIONS REPORT PAGE 10 CITY OF BO ON BEACH P 0 BOX 310 BOYNTON BEACH FL 33425 ------------------------------------------------------------------------------ APPLICATION NER . . : 20-00000477 ------------------------------------------------------------------------------ AGENCY NAME. ENGINEERING DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/14/20 NOT APPROVED/SEE COMMENTS LAFONTANT, F February 14, 2020 8 :13 :39 AM byb2fxl. 1) Please comply with all the Planning and zoning comments prior to the engineering plan review and approval. 2) Designer will need to provide a boundary survey with elevations for site grading and historical drainage issues with the site. 3 Please reconfigure current parking lay out conditions because backing up into traffic is not allowed when sight distance visibility becomes an issue. 4) Provide typical parking stall dimensions for handicap and regular parking. Stalls and stripes shall comply with the Engineering Design Handbook and Construction Standards details. ------------------------------------------------------------------------------ AGENCY NAME: UTILITIES DATE ACTION ACTION BY ------------------------------------------------------------------------------ 2/14/20 NOT APPROVED/SEE COMMENTS HURLEY, ARTHUR J February 14, 2020 10 :38:21 Am byb2ajh. 1. Permit to include narrative of plumbing changes: a. Water details must include location of backflow preventer, model/type, serial number of existing backflow, whether the backflow is being replaced, etc. b. Sewer detail to include entire sewer system from city cleanout to private system. 2. Please contact Jake Hurley 561-742-6482 with any questions. CITY OF BOYNTON BEACH BUILDING BOARD OF ADJUSTMENT AND APPEALS IN RE: APPEAL FROM ORDER OF DEMOLITION Applicants: Wing Kei Ho and are Yeh Ho ORDER GRANTING STAY OF DEMOLITION The April 04, 2019 appeal filed by Wing Kei Ho and Karen Ye h Ho (hereinafter referred to as ("Applicant") came before the City's Building Board of Adjustment and Appeals on August 14, 2019 for hearing. The Applicant appealed a December 19, 2018 Notice of Unsafe Building issued by Shane Kittendorf, Building Official of the City of Boynton Beach. The applicant represented himself. The City's BuildingBoard ofAdjustment and Appeals(hereinafter referred to asthe"Board") after review of the testimony and evidence provided by the Building Official,and the arguments of Applicant and his attorney finds: 1. The Building Official has determined that property owned by Applicant located at 1101- 1103 101-1103 N. Federal Highway in Boynton Beach, Florida is unsafe,unsanitary,afire hazard,and dangerous tohurnan life which is supported bytherecord and is not disputed. 2. By issuance of his December 19, 2018 Notice of Unsafe Building,the Building Official advised the Applicant of his findings and ordered the repair,rehabilitation or demolition of the unsafe building. 3. The Applicant filed their appeal of the Building Official's notice and sought an extension of time to repair and rehabilitate the property and thereby avoid its demotion by the City. 4. The applicant contest the unsafe condition of the building but asserted that the building can be repaired to a safe condition if given a reasonable period of time to effectuate the repairs. 5. The Board, following testimony of the Applicant and the Building Official finds that the Applicant has 30 days to come up with their own engineering report that shows the structure's walls are fine so there is no imminent danger to the Public and a continuance hearing scheduled. 6. The Board finds that the building is unsafe but that the Applicant should be granted 30 days for an independent engineering report by the Applicant's engineer to determine the safety of the building. The board motion to continue the hearing and granted 30 days to seek a structural engineering report and a copy filed with the Building Official before the hearing continues so there is an opportunity to evaluate it. 7. Motion: Mr. Podray offered a motion for discussion. Applicant have 30 days to get a structural engineer or the equivalent inside that building to deem it a safe structure and if that is satisfactory and he produce a report to the Building Official's satisfaction, give them 18 months, because they would do so for the rehab. He thought as long as the building is safe, the Board should not enter a slippery slope argument that debates what constitutes a structural compromised roof versus a leaky roof or what rot looks like on the soffit. He suggested 30 days to prove it safe, and if that is the case, they will bring it to the 18 months according to the motion and the Applicant could do with whatever they want with the building. Chair Guiritzky thought there should be a separate motion extending to 18 months. The motion was repeated as: "The Florida Licenses Structural Engineer must submit a certified report to the City within 30 days and then the City has another week to review, and from there they will move ahead. It must be a Florida licensed professional." The Board would need to meet to evaluate the evidence, the Building Official's response to it, the engineer's report itself and then make a determination how much time, if any, is necessary to effectuate repairs. 8. The public record, including, but not limited to, the Building Official's reports, memoranda, comments and recommendations on the appeal, agenda back-up before the Building Board of Adjustment and Appeals, along with the record established before the Building Board of Adjustment and Appeals on August 14, 2019, are hereby incorporated byreference. 9. The Board retains jurisdiction of this appeal to issue supplemental orders it deems necessary to remedy its finding that the building owned by Applicants is unsafe. DONE AND ORDERED this day of 2019 in the City of Boynton Beach, Florida. ................... Sanford Guritzky, Chairman CITY OF BOYNTON BEACH BUILDING BOARD OF AD AND APPEALS ... ................... ...... Crystal Gibson, City Clerk INSPECTION REPORT FOR BUILDING at 1101 — 1103 N. Federal Hwy Boynton Beach, FL 33435 se Engineer: Yousheng Cheng,, PhD FL PE No. 65406 z/' An inspection was made on 09/01/2019 for the building at 1101-1103 N. Federal Hwy., Boynton Beach, FL 33435, which was built in 1958. 1. Description of Building The subject building is approximately 60'-9" (L) x 40' —0" (W) x 9'—8" (H) and is a wood frame structure with wood trusses. The roof of the building consists of plywood, waterproof material (bituminous), asphalt shingles. The North and South sides of this building consist of 8'—6" long brick wall and 52' —3" wood wall, the West side is a wood wall, and the East side consists of large glass windows, doors, a brick column at the mid width and a 4'-0" canopy at 10'—4" above the ground. Based on the exposed portions, the trusses (chord 2"x4") are spaced at 4'—0" O.C., wood wall vertical studs are 2"x4'x9'-0" (H) spaced at 16" O.C., and horizontal blocks are 2"x4" spaced at 2' —6" O.C. The South wall at the West corner was damaged by a vehicle, but was re-built to its pre-damage state. The building went through numerous hurricanes such as recent Hurricanes IR A, Michael, Matthew, etc, and no damage was found due to the hurricanes. 2. Current Conditions of Building 2.1 Exterior 2.1.1 South Side Wall The wall consists of 8'—6" long brick and 52' — 3" wood wall, and is painted. Per inspection (see Photo 1), the exterior side of this wall looks in good shape- no paint is peeled off except along the bottom of the wall where a very small portion of paint is off, which does not impact the capacity and integrity of the wall at all. In addition, neither cracks nor corrosion occurs in the wall. 2.1.2 North Side Wall Similar to the South side, the wall consists of 8'—6" long brick and 52' —3" wood wall, and is painted. Per inspection (see Photo 2), the exterior side of this wall looks in good shape - no paint is peeled off except along the bottom of the wall where a very small portion of paint was off, neither cracks nor corrosion occurs in the wall. 2.1.3 West Side Wall There are two doors in the wall. An electrical box, a pipe, cables, etc. are secured to the wall. Paint looks good. Neither cracks nor corrosion is found in the wall. A very little portion along the bottom edge of the North door was damaged, which, however, will not impact the capacity and integrity of the wall. In addition, the secured attachments shall not become missiles. See Photo 3. 2.1.4 East Side Wall There are a couple of large glass windows, two doors, a brick column at the mid-width, and a 4'-0" canopy at 10' —4" above the ground. All of the windows, brick column and doors look in good shape. The canopy is also in a good condition except small portions of paint fell off. See Photos 4 and 5. 2.1.5 Roof T'he half side (South) of the roof looks good and no severe damage is found. For the other half side (North) of the roof, the Northwest portion is damaged severely, but the degraded portion has been repaired and covered by new plywood via screws. There is leakage in the Northeast portion, but the damaged plywood has been repaired as well. Therefore, the roof will not get detached to become missiles. See Photo 6. 2.2 Interior The inside of the building is divided into two portions by a partition wall along the East- Wes direction. 2.2.1 South Portion Ceiling-the most of ceiling is in a good condition except the small portion in the front. See Photos 7 & 8. Therefore, this proves that the most of half side roof(South) is in good shape. The small portion of the front ceiling (East side close to the window) cracks and peeled off, which may indicate slight leakage in the roof, but should not damage the integrity of the roof in a short time period (18 months) by engineering judgment. South side, interior face - Per Photo 9, no cracks, no corrosion, and no leakage are indicated on the interior face of the South wall except the Southwest corner. A small portion of the interior dry wall is taken out (see Photos 10 & 11), which show existing plywood sheet (wall), vertical studs and horizontal blocks are in good shape. Per the exposed area, vertical existing wall studs are 2"x4" @ 30"with horizontal blocks (2"x4") @ 30" vertically. Per Photo 12, the portion of the South wall frame, where a door was located, has been replaced since it was damaged by a car accident. The new vertical wall studs are 2"x4" @ 16", which are connected to the existing door lintel at the top and anchored to concrete at the bottom. The new studs of 2"x4" @16" are stronger, and thus, better than the existing studs 2"x4" @ 30". North side—the partition wall in the middle of the building is not a structural member and looks good. See Photo 13. East side, interior face—The East (front) side consists of big windows. The window frame and other portions look good. See Photo 14. West side, interior face—The West(rear) side looks good since there are no cracks and corrosion in the wall. See Photo 15. 2.2.2 North Portion Ceiling- the major portions of the existing trusses close to the North wall were corroded per inspection, however, the degraded portions of the truss chords have been replaced with new same sizes of wood members and (6) %" bolts splicing sandwich connection, and corroded roof plywood has been replaced. The other damaged portions of the existing trusses have also been repaired with same sizes of wood members. The end of the new spliced chords is tired down to vertical studs or top horizontal wood plate using same sizes of existing metal straps. See Photos 116,117, 18 and 19. The splicing sandwich connection has been qualified (see Sect. 3). Therefore, the existing trusses have been restored to the original status or even better, and should not be a problem in a short time period (18 months) by engineering judgment. North side, interior face - Per Photo 19, existing wood plank (wall) and vertical studs are in good shape except some corroded studs and top plates which have been replaced. South side—the partition wall in the middle of the building is not a structural member and looks good. See Photo 20. East side, interior face—The East (front) side consists of big windows. The window frame and other portions look good. See Photo 21. West side, interior face—The West (rear) side looks good since there are no cracks and corrosion in the wall. See Photo 22. 3. Evaluation of Building The building was constructed in 1958, and was designed to the code at that time, therefore, it is reasonable that the building does not meet the current design codes (ASCE 7-10, F 2017, etc), and needs to be re-modeled to the current design codes. However, based on the facts that the building has successfully survived from numerous hurricanes, and has not got damaged at all, and that all structural members including connections remain in good shape or have been fixed to the original state or even better as discussed previously, the building shall not get detached to become missiles and shall not fail down in a short time of period (18 months) by engineering judgment. The splicing connection for the truss chords has been evaluated on next few pages. LOAD COMBINATOIONS CALCULATION OF DEAD AND LIVE LOADS ASCE7.10 FL Building Code 2017-Chapter 16 Calculate Roof Dead Load Input 'Load-Values Roof Plywood 1.90'psf '0.4 psf per 118 thickness Roof Tile/Shingle 2.00 psf 12 psf for 2"tile,20 psf for 3"tile,2 psf for asphalt shingles Mortar psf 10 psf Insulation 1:50 psf 1.5 psf for Fiberboard,0.75 rigid insulation Composition 0.00 psf I psf for 3 ply,6 psf for 5 ply with gravel Wood Truss i 10.00 psf 10 psf for roof and floor trusses Steel Joist 6-136 psf 4 psf Steel Deck 0.00 psf 2.5 psf for 20 gage,3 psf for 18 gage Fireproof 1.00 psf I psf for 3 ply,6 psf for 5 ply with gravel Waterproof 1.50-psf 1.5 psf bituminous,1.0 psf liquid applied,0.7 psf single ply sheet Concrete Deck 000 psf 1 50lbs/ft-13 conc,120 Ibs1ftA3 lightweight Floor Tile/Mortar i.. 0.00 psf ceramic tile 150 lbs/ftA3,mortar 130 lbs/ftA3 Ceiling Gypsum Board 2.75 psf 0.55 per 118 Suspended Ceiling 0.00 psf 2 psf steel channel system,15 psf metal lath&cement plaster Mechanical Duct. 4.00 psf 4 psf Plaster 8.00 psf 5 psf on concrete,8 psf on wood lath Total 32.7 psf Roof Live Load-FL Building Code(FL BC)-Hurricane Zones-1607= '20.psf Building Codes: 1.ASCE 7-10 2.FBC 2014,2017 3.AISC 14th Ed. Truss chord splicing check Per inspection,the nominal sizes of existing truss chords are 2"x 4", The sizes of new wood are 2"x 4", which are exactly same the existing chords,therefore,the new chords used in splicing are acceptable compared to the existing ones.The bolts used in splicing are 1/2"diameter(ASTM 307 min.)and will be checked below. DL:= 33psf LL:= 20psf roof dead load and live load per previous page. Struss := 411 itruss:= 40ft truss spacing and length per inspection LFDL:= 1.2 LFLL:= 1-6 load factor Pu:= (LFDUDL+LFLL LL)'-tu',s-(0-5'truss)] maximum reaction at each end of truss Pu=5.73 kip Fn`,:= 27ksi nominal shear strength per Table J3.2 of AISC 14th dbolt:= 0.5in bolt diameter A0.5.b:= 7'(0.5-dbolt)2 A0.5.b=0.2 int bolt area 4):= 0.75 LRFD strength reduction factor per Sect A ofAISC 14th 4)R, := �-(Fnv'AO.5.b) 4Rn=3.98 kip The bolts in splicing location experience double shear. P Therefore, Icb := U ICb=0.72 <1.00 OK 2.(�R,) Three bolts are used in each side of the splicing and are spaced approximately 12"and 6"from an end of new the bolts are at the mid-depth of the chord,therefore,the wood chords in the splicing location is adequate,and the splicing connections are acceptable. H:= 12ft W:= 40ft L:= 61 ft pww.cmr:= 27.61psf pww:= 20.14psf a:= 4ft wind pressure per previous page Plwxrnr:= 22*18psf plw:= 16.79psf PH.W:= 2(a-Pww.crnr'f'l)+ p,,,,.(L—2a).H+ 2.(piw., I 'r,�,a.—H)+ plw.(L—2a).H PH.W=28.27kip horizontal wind bad movtrning:= PH.W*0.5-H Movtming= 169.6 ft.kip overturning moment Mresist:= DL-WL-(0.5-W) Mresist= 1610.4 ft.kip . Ins ci hotos __ __ � � — — — — — — s :,�� f ,� �' �� ��, �� — �� s4, � i � a �� .� �.� r �� � ,� a `1 �. --.i Y � �` �r �° }�' ,,.: � � ,- �, � ,,� i 1 , . y � ,� x 4 � _ 4 ��� P �,' � `a "' i; is j�� V " '�� �� �,t � - .t�. � a at I s� r rt , u Y � # � � �, , �� � ,, � � � € . , � � i i rs S.. � � l� �j� i� '3 �, C "Kr r a qh i x� i ��` I P � � � "'"� ` + � 9 � � � � � � e� � � � , j �� �' �" ,� r, ; �• t � �.�. ��� ��� � � n �, � �� � _ � ¢ �°t � - � i _ � �x� � i x � '� � } °�° � r �,auW. i! n���� �� 1 7 __ �G1r�{�i �t�s�.m (t to&„� _ _ _ - _ �n - 1 r1j,� f��i � �s f= 4 g a � y�s. �Y � _ �. ,, � � � � � ��� � to `- s _�' -, s 4 a, � f�`% � ���} �l(3 } "y, ���Hyl � i � � �'��'P E a;S',"� i�`��7�(�'�Ftt1 x` i, t ��it� - �� ���t"�tt! + � k `�� �_3 '�a � � _ �� � i���`'t c ---r �,` �'s� Ctt � �. 1 '�����' ,� � ��st t� "1 �r�iSit�tir�� 's' �,� � „�,. �� �'�� ��('�t'a 1a,4�, �� u ��{� II ut , �� ,� a i i�' �, � _. ,��_ , 3,,� �: ��'�,'� � , s ' ��{4{71f ftif�tt { �1$`ft t st `tf t��lu'ti it�+yi } s £ r �S M, }� ,` r}� }}}ls ���tn•ri t�l�ll31}iA'�t1 �� girl i�� 1 k£ rS��£(t Volvo', F- itstit4}t t ,5`�}},�i tl�`�iti :tilt\��1t•,4(t it�i�i t�t,t i.(:��t�`���tl�tAlt J{{.�1�)��?>?�� as�Fft y�k��1���i.�. ft}s j,i, � � - 1;, M titi � A 1}14 \s ttk ,(� pit u �, rttAtr��itttu$i ��} - �� 1)}��t�7r IV l� �' � r tit 1! ,t � � t�t� i (i}t��h• � �tsss �.,�Ety� ? t��N£1i I�,l, ,<<{� 'Ni t ' tttth }£�}�rlrts )„ , z�ti;•rt�} � l ��}1i,i���t1l��I! �l�)ir£.itt,�i L;�r�} t t{ r W \ s}) titi �,, s - ft3r � t tit, � ,F � � �,� �t� .. „r ;,r •ti,,�, ,,, ti � ,, ,f\ , ,t t ti:.titlr, � ti Vkfu.i , tt tt�11 .�r,tti � i f 1 } ti sc r , 1�, ,-- z ti r t, ,, ..,vi,•, r,t u1 � tt1 „ , } Y)�ti ,att � i i its.0 £ t1 ti s ti ti ti , t r � , t t, ,. 2 photco Exterior Face of Noi-Ith i iC S�C�r °�f titi ti t ,: } }{t>SI4 }} rtrti u11 s}3 11}!`Vtit��tl w , MI6, 4 5, i. 1 r, �r gov ­oto '13 - E`xterior Face of West Wall mawa ,F�q� " .t rk i , F , t 1 n, S't t4 i ao r- — off imam �- ExteriorFace Wall - y }II� J � r Sv { v Ot, t� eiX (t U1113r �e 4 4 4\£'ilS,??�� �`� �_� � 1� its •�'; � ��3 r' f � "�14�4�0,��� '�£�% ��."�'' s s \r{{ 111` t r k T RN- NEW 4D t s1S 11s St 4 4j�} 7R1 .i1 '`s tl- ' V.s' Sncin S r�tslf4 f s 4V%: s )x s ,J4°;S tsl - s k, N ccl � 11t I4 �`_ ��l A{{ 1A ` LLJA\ti nitl1) � si clu 1 irl 4��}4;15 l��t 1Qqp l£ 4V£4�� r y14tti t11>}� t t Its.£ Iip t`� fin. �,,�S4 �(ty7j 1 � � ,t i It It�1 r1? ���1�)1 4 � - s 4 4 t 1 Sgttt411itts t� wms .jig� 1; � 1 3 41115})?�;4t1 tiA�ii ttit �1�\��; tltls\,t� 1 13 ) 11 i �li� 1 S 1\\(t1s 4 ; S 11Urify�41 Ss - as� {le 4 t� tti S4 y �G it t�)r 4 4 -_- -- �-� NMI 41 t, };�r1 .,,its Itlltssil , 3-g - __ a}I?�4 i� - H 11' ;}r 4`tir „44 ry\t�l L t�� 1 t �iS \Vl ,t �"1--pa-!, � Its}\ � - - l��t t £i }j\sr�l iti{1\ �� � �i S 111s, WIN s � li{n� so �s 1 tr� 4 „ r, _1 4 poll, 6r 1 1 41, t'r 1, t7 £ st _ s�4 k Psll sk t s s 1 4L! 4 \'s �rt(, 4tt \)t � sS)F t as` i}i 4s 4,,r �� RRRRRR \t �- \` }}i ,�'s�� \ +,„ 4 4t�s y(1 ( 4t 1 £ 4 I i � i F t 4 -t M t Jw. f { cis CL Cal) CO U � frCIL ftta o�, OKI� t i�PWC - ( Y t t vftt '; tt� 1 s S +t ltf� — S a 11 1 � S r, 1� yy t r jsl 7511\ �'1E ' S j k ti�is11'i }da �1Jil�t,ii��}'1t�Y6�lki��t 1 r W t�`Sul l's CL C 11� l t 1 � �� ,t11 { }k 1 q\' � �s tbl'kl1�k � � t ' '114t1s1 r ak lk 7 lit r tm � 1 1 1;t4 1Yfu'�t t��7 rtlttlgtl �� ��s 7 �� i CO1� 1 c f ���Y laJiyl }III 1�i��liiill atit���f�7�`sS�l}?���1�� 1�kkV111 S= s i (I >l�lhufytr�St�$,l a ti �4 lr i t4i� r ,ritl r �- r rh A o� - ���, � k r , JIM My l r�4£ iy sr` � { Y � t l�r�,l ,� ,yy(srrl�� , } - � {�fi�s �ti�i lt�k i ,��, r1s, j r�nU��, t r �� s (r�(14 = r rt}l (t ) rt\}I it ls£st r1 }�3�1 r��s y y Sii2£ ik4'A" }4r A(fir�iit. t r yl� iiS+ it r t s t, kk S k, � � r lr" }rt14r1Y r ' t O 1�ril�rir v=, }3 jlSr, rs,r4r�s , t t l i h IIrsr!' j t k i CO r ��ryti yyt ,£I�Si�tsrylsr t� " s q' tis q N1 lri i uk t j ( Sr )! it j^ q ���i�,�,t,�s t c .�' to Ifs 1i�i ��� r �t r:if sr �;v� i!s 1V� vit�tt}������ I��� � `•_-- - rs iwi , E, Srt r rt t s ry ,t r� r t fqS r'rari��S� atm - � Photo 11 - Interior face of Sout, 'Vail, Damaged pot-tion of Day Wl. Lit South ec;t rtui�\\lt\f r}„j� r r 1 k , F sV, r r r e ZZ i:i Mill urn to rML r r F t t"y� 3 N CD Owl Ll 3 U MAN1, 3 s , loop, , , , it I� - �# �;IiJ talo��� � 4v _ t)} ;a•`,.r, y t4V�r ntS trv�-47i 3 ; !!1- 1 1 j j+l#�,,t��}/i}��rJ, s's is? \/�y >1•+,�j3 f,S �4}s,fs{,If „f, ,}#v tt,31 +'1i}71 1) .\ ! ,1s( s „ �, �`'1��Sl r�\,;str t c\c}}}f,ll ,y t,`' „, , ,4 j 'sI i)t t t �•-4 'i ,i?t�'Y,\rR}i ,7s��S,. Sj,� � .//i{, ",�?t}, £S ,\/5 !1tti14 ;�},,;t ,,; + _r,, ,,\, ,1 .:li,• {} t���t.. rs _ , t .4 , \u t, 14� t \ 1 i\1 11 v _ a 3� f , l I } \ s. l i , t # 4 l } t. }{ts lnnt, � -.. _- 1,ttkst, {},,+31 \, �,#i{+3,,,,tl � ,��t++��i � �,l,,,��,,.{I� ,>7k����.��� } ,)1 Jt•.4S 1 }i,tia ,,.. J„ � } } (l1{ y { , ,srlt, „ +, q�uxaay � vt t,�3,1+i1 i�ity+dill� S}t iS>{�}y }els♦I,V'��t,�i,A+1 IS?j(1'A �����+���# 4�� �l t/�s{,��=..+1 ,l3ii�l{)j t.�t 1 ” cc'D stljut�l�illl}fv{illllr,l(kf?}r1(SIs7s,ttik��1,1�3.:i3! It7,)r �,4Y }t �h' „( l {,t r„, tm, _ „} R�{}y}!j/1n,43}{i}!i V )tV(I 1r iS,it�{fit; i,ls4v 1+� tst4 E\ 11yts+ ifl f i}r ,§f,{Sfll1i\'+;�'��4ry}�,if�`a #'rt14�\�11tI1 yl��s}I,Iiii{}3fji�SYS,1ll`j1\11t11�,\r ,,+a .. f' rr,,Y trrt�il�}��;s)1t Silt t� ?iii 11{��f„}'i�t{',}��, ,+4+S;-ZSrlStll i I r7(3�lyi jt��til� il�t\S}?\41+1, �t il3fvv}tti trvr 73 �iu art �nitas�ssvc,m 31 tf\��\fs1{/`1,141)1})I /1}+,3 i,l r l`�3F;it,i�ylst Itr�r f( t yS�tt1191}��s11 yS}St � Si vv t S` t i�i,�jt,11 t��f4f Z\h,11 1},li lFi,1\tt 1q�}A vfi frr f V�\s} ii !}3i tt rr ,i ,(. I �t4Ys{}lV';S7iaA23j}ya,}t1v11�V1{ty�tf)3t 4'1i{Ai(Sisltl+?i{Il,,v v }tn,�t\3t}jj�\�i14�j3{3111\vAii V j,t, s, {A' r v)ti4t 3 r}tt 1+?tt,3,�V)fi s4ll?{!\Alf}i,£t{3 P if 1i1�\ f\7 {i ,t�yjtrty ,, �1� 5 5X ii'I,l,t{i!{} it slut Jt4il!i``�{t}ty tr 3}tt ,t S� itfl} til\S r,1tt iti t+i Z} ai j}1 iy r , 44k isi,i 103 ONO } st/,s )3 11 111'13 �t{443stV�ls4 tifp 1 y}1�tiU f-{ r t ”I a 31}y4},���}fi,l��}Ijj\i�QJj t��},2r;iS;�1ih 11£l�l�l�tii\rv1}lel,33€}4st,i4\i{,�}kia43yai�)4i+{i�,i}4lfi\ t { uz:a Inc am� _ }j�t 144': , 1 }br ,�\�1�};171, \st 3V;}v ji'1t kv t�ritf,ttii3iy t7,/t a� 3t- "� s 1� l�l '�ttv,S41143)sS 6 ttivyll, as 4 4#111{ii i! inAS co: s 4 ;, f1f ma � a�acer. a �:- �1 r I� 0 {`,ilr! .dt tt t714',-r ,Aii4 1r41 3 =l fi t S S F — � s tt ) I A ' � pity s South room rt€# t � tjt�t�si(s'i ,fit,}yid 1i 11'r!S}t t iti �}� �, �7llS���hst¢1011i it r, ; r, \ m ' t - �, i>''•.. �}g sl �1 Sr �Z111�1171 �'}, 7 -aslti 177 1' s rti � 1)-. r 1 tr. r S�7 i, � Qh tu +� dgit„ OOM C 11 r� �i 1� a r r �t 1011) } r M1 +C, CIL gg u t � a t r - Cater 11 s ` 0 z hsrirr s t �jttr �1,r z ���! Irii4t 1t r, z3i�a3rt}r t �s V 1 Ao � a s t s R Yik f S� >~;< VA 'V � t 7 r � t r C Y7 r t,. r4 ` {` ' s v ifs ' titCU VT 00 \ Flit S,3 a } �1 4 9 tir Y .z4� y¢7 _ as �/Y�eypy��� i �b 1 t, 1� t s { i t 4� s MARA 1}£{�,(�; BMW, ILA f� ( { f {,;� t11�..--:r, _- �,�'', t { El SS - - - -- - - - EE a _ 01) � fad`•"' �; { _ i4 S stas = r rr t a i i {`�>n�,., Ikt�1}a } \ v�f4tr � iAl yh},- s�r ?fit rr t i } 2 I G 4. , (..-- a,, t i,t ae, t„Il. t3a� I r,,v�`I, ��}i s� „a �\\s,;lrj,ta}1r,:3;�1 �� t �t �t � � {aS,��,; 1,•1� 44 2 t .w {t, d a.., ... �) „ r,, ,, -... _._ C3 a -.. ..f . - , 1 s4 } l v CJ - , , 4 ..�1 ,,�)_. ,s,,��l ..i � {_. � �)•.':,. S,) .,:�{� ,. � it 1, t :,,.. ,.�., r -- ,� t, ..� / t ,:-, »,, , � \_:,I. �S ,, . 1 l s. t , 1{l� t r ,-, ,� t},t•,,.. 17,� _, ,.r r,” as, ,,*w�t i tl�yc, { ,I r"S.,,f'.t 1 t<.„, u + tUI �\ It IJ, is ait• �' S�t}f,,l)1,� t si , ? ys�t} � 11)3 t tt t ,” ±'„ - t _- :, r, `'} i.<;,I (s„}.t ta,�S)t,� ;s ,I{,,,r`,, (iJ �al:fi }aa� r\},. ,,, _,1 13 1,\\¢:„(."`s t i f„ • ! ,`!s ,, vt:, `"„1, ;t€,• t v ,fka$..}&, >i \�. !)l �t, t(•.s1TIg � S„1\� r {�sai}J,;j1�a}��Tf i,\1 „p,I `;s,tr, n�. - t ± }lr S\ar ,wSt)Slri4 tJ p `.r(\i \,,1+n';,}t '}4�'}\���,;:S1aI,y'„�t} a1\±\t\'•' p{S{ s�£s,�j, f \itvatsit{j t i(11)J,It 11,,«4 !s )tJ',;,v}F;, "3”' ,it}t ', 1: S f •111 1 , , tiS1 y 91 !}` i r;l it(T}r GI r l tt\}}i t } i i 11'S li4±tit} 7 V,It(r I Atilt , II tram- s tt;,1 Stls% i,t ,,{, r{ }�1nattl'st i,rlSta1 `�J(,,14f Stitt£t'{\f,;lla�t\1\,!� ry s it r t „.t 1=. s -; �r 4 0 w�w� CL s s x u k � t � 5 �r r, -,o✓ �>a } s�14-3 Oil `r lI S y i i uv++ y rt n 4 M1 is WAWA 4 F r, �S�Ftt '" �`x�i "� °t� t� wm w 2, It 4 yf s — — t' J � ll - i � "Ott\�?i��•, — t r it 4 4 { jii�t��1 ts�rt.�V i tiif{4 _ Vol AMA it k� k�l"F4 � {4ltit i4llsF — �}r�y' - �t rr'bS'Wi��� SJ 1111 s�t»)44 Persaud, Farah From: Jeff Cheng <cysjeff@yahoo.com> Sent: Monday, September 23,2019 1:20 PM To: Kittenclorf,Shane Cc: Kuntzman,John; Persaud, Farah;Wing Ho Subject: Re: 1101-1103 N Federal Hwy- Structural Engineer Inspection Report Hello Mr. Kittenclorf, Got it.Will do. Thanks Yousheng Cheng On Sep 23,2019,at 11:27 AM,Kittenclorf,Shane<Kittenclorf$ �Ohftus>wrote: Good Morning Dr.Yousheng Cheng, I hope this email finds you well. My name is Shane Kittendorf,Building Official with the City of Boynton Beach. I'm in receipt of your inspection report in reference to 1101-1103 N Federal Hwy performed on 9/1/2019.Could you please assist with some miner administrative clarifications to your report? Cover page—Contact information missing ® Is this report through a firm or personal? Table of Contents page—Missing Project Log Number—Number(not listed) Page Number on Pages—(missing) I see within the body of your report you provided calculations. Based on the information provided with photographs,was there a scope of work that provided directive for all the structural repairs made?I didn't see any recommendations for repair schemes within the package. Conclusion page—Could you please clarify your engineering judgement as it relates to the Florida Building Code, Existing Building,Chapter 6—Repairs,Section 606? Please clarify your findings based on your professional judgement.The information provided was unclear of the building's integrity and structural soundness. • Conclusion page should have who this report was submitted by: Name, License ,Signature and Seal. I would request that all pages have your Name, License ,Signature and Seal. Any assistance would be greatly appreciated. Sincerely, Shane Shane Kittendorf Development/Building Official Development, wilding Mailing Address: P.O. Box 310 ( Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 I Boynton Beach, Florida 33426 561-742-6352 KittendorfS@bbfl.us ^ Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject b disclosure.Under Florida records law,email addresses are public records.`therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 EXHIBIT C APPLICATION AND APPLICANT'S BACK-UP i CITY OF 130YNTON BEACHS . wed zap Account No. - , ,. s`y 20 Received of (A 6}, 'y:.4 kAc-, � (� C � � t Address Date, wTA115 of ir For _ �1 ., r�tl.tal p La: C _. 4 „r. FCR MR PRPPT PA INT MY OF BYARN ff IPT ** TY ' I� Date., 4I ipt no: 7qg SOI scription , ty daunt I Trans - 1.00 00.00 . G/ aunt n , B0930z 0010DOO-90100 Tendr [btail CA C4L1jj Total y i 00 +t .00 Trans nate: �fff2 iei Ti up: CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 3301 Quanftm Boulevard,Suite 101•Boynton Beach,FL 33426•(561)742-6350-Fax 742-6357 TO: Kam Yeh Ho FROM: Shane KittendK Building Official DATE: April 26,2019 RE: Notice of Appeals Statement Mrs.Ho, The Building Official,per BBA 113.4.3 has nota the Notice of Appeal Statement as submitted. - 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. As shall be in a form acs qt@ble to the Buil g.Offitial. The application is incomplete and missing sections from the Unsafe Structure(s)Order for which the appeal is based upon. Please reference Unsafe Structure Order highlighting the differences. Please provide a clear and concise statement(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 from the Building Board of Adjustment and Appeals. The notice of appeals shall have appended to it copies of any plans,drawings,timeline for compliance,electrical,plumbin&roof and structural analysis, 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 0,Fty of Boynton Beach DWELOPMEN - . . ICO E°BWftn DeKh Botfiftard k • ,BOX 310 Boyne Beadi,Flodda 33,425-010 T : � �350 FAX: 561-7 426357 www.b%,mton-beach,cr9 DATE OF POSTED NOTICE:03/06/19 VIA CERITFMD MAIL&REGULAR MAIL Kam Yeh Ho 6826 Fiji Circle Boynton Beach,FL 33437 1101-1103 N Fedwal Hwy Boynton 33415 Parcel Control Number. 08.43-45-21-32- 10 Subdivision. TO BOYNTON Official orBook 30338 Pop 940 Ugal D TO BOYNTONLT 1 BIX A FBC 116 U .• fe Structures ° .Rehabilitate,or lz. .Stritclure To vkom it-may co Per Section 116.1 ofthe Boynton Beach Administrativethe 0 Edition( 17)Florida Buildinge unsanitary,(FBQ the above referenced budding has becit doemed unsafe, or does not provide adequate egress, ar whichotherwise a hazard to saft or health,we considered uses&buildings r service-systemL All such unsafe buildings,structuom or service systems=hereby declared illegal and shaff be ordered by the building officialto be abated by dic owner, through repair and rehabilitationy demolition in accords=with this Code. Comments: Florida Building a °o - UNSAFE. Buildings, structures or equipment that am or duit am deficient dw to inadequate in==of ogress flicilities,findequate light and ventilation,or that constitute a fire hazard,or in which the structure or individual definition of ," or that we oflicrwisa dangerous to human life or the public welfare,or got involve illegal or improper occupancy or maintenanceinadequate s t structure that is not secured against entry MI-11–_ I- II "Millis ® Inadequaie maintenance, Dangerous to hurnan life public welfire — Structure located in a i rr;region Immediate removal requiredto prevent large innsilei to the a4jacent structures.Reference-F i i g 16M,1.2 t is of openings.Ghutd opening,%in buildings locatedin windbome debristi shall be protected from windborne debris. The City QfBoynton Beach DEVELOPMENTEPS 7 T Ut 100 L Boynton Seach BWevard a . .Box 320 BW-tionRead`,Ham..;,, 3342-5-0310 i-742-350 FA: 561-7426357 www-b%nWr-bmkoig Time,Line for Compliance: PERMIT APPLICATIONSUBMITTAL--IIS business days from the date,of posted Notice(March 27.2019) PERMIT ISSUFD--45 day%frcmm date of posted Notice(May R,2019) • Make,lure to hue a design profewn mal and contractor who knows the Honda Building Code and the I'lan Review process.Failing a plan review will not grant an extension of time. FINAL INSPI.0 IONS COMPITI FD- Notice of Completion used by Buildmg OflicIal-1 90ys fmm daft of posted Notim(July 12,210 19) If you disagree with the building e; per Section 116.4 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code; e owner,agent,or person in control of an unsaie structure or systern shall have the dot to appeal the decision of the building official,as provided to appear ore the Building Boardof Adjustments and Appeals at a specified time and place to show cause why they should of comply with saidti li °on of appeal should be filed in writing and hmuing costs paid y the affected owner or duly authorized agent,at the City of Boynton BeachBuilding ion Office,within(30 )of the date of this Notice. The fee to cover hearing costs is two hundred and fdly($250.00) dollars per the Building Division Fees under Senon ). Upon expiration of the thirty(30)day period per Section 113.4.4 of the Boynton Beach Administrative Amendments to die 6TH Edition(2017)Florida Building Cc&,the affected owner or duly authorized agent waives any further right of appeal.As such the buildings,structures or service system"be completed by the time line list above or will be demofished by the City; accordingly, the costs incurred will be charged to the owner per Section116.3 of the Boynton Beach Administrative Amendments to the 6TH Edition(2017)Florida Building Code. If you should have any questions or would hU to meet to discuss this action please contact me° a Building Division at(561)742-6352. Thank you. Sincerely, K Shane Kittendorf CBO,CFM Building Official City of Boynton Beach Department of Development BUILDING DIVISION ILE COPY Building l I I BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION Submittal Deadline: 30 days after decision is rendered by the Building Division Please print or typ SubmittalDate: Filing : $250 payable to the Cityton Beach The undersigned owner(s ) herebyrs c ll tit/ n(s)the BuildingBoard Adjustment and Appeals to grant to petitioner(s) an appeal of decisions interpretations of the BuildingOfficial and considervrin s of the technical Section(s ) to be appealed: Ke ,,if cs.J f �- �JY► r 2 - a.I p--- �.. _ _ - .. t1 .. - ... Property involved is describeds follows: L t(s) Block,-,—,—_ SubdivisionPlat Bookl,3633,� , Page r otherwise describedfollows: 0`� 34-5'2 13 2- 00,S?-0 0 F Property Address: Name and Address of Owner: ,f . r r Name of Applicant: '{p 0 Applicant's Phone Number: 1 �. ._�� ...... Date: / nature of Applicant NOTICETHE L CONTAIN: 1. A clear and concise statement of theorder and decision of the Building Official sought to be appealed andthe date thereof. 2. The reasons for which the appeal is taken finite a detailed statement relief sought the Building r f Adjustment and Appeals. . The notice of appeal shall be signed applicant or his/her duly authorized agent and i shall have appended to it co is of any plans, drawings, rules or regulations or other documents that would be pertinent and materials to the hearing of the appeal. In case of&'building or structure, which, in the opinion of the Buildingr i 1, 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, o nton Beach,FL 3 26 ox 31D a r ton Beach FL 3 25-0310 Phone, ,581 742-8350 S.KlevelopmentiBulldinglForms&Templateslln-HouseiBuildingBoard ofAdlust ntandAppealsApplication(2104,9113,10/18) P 0 Rt NOTICE OF APPEAL FOR REPAIR APR 0 5 49.01S DIVISIOt 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 334315 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 docks 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 0 Finish on AJ 3 r) ..... A . -------- (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 PA FILE COPY BL"LDING DIVISION 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 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 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 properly—FBC, Plumbing 602.2 Portable water required. Only potable water shall be supplied to plumbing Page 2 of 3 APR 0 2019 NOTICE OF APPEAL FOR REPAIR 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 V4inch(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 1101 N.Federal Hwy Boynton Beach, Fl, 33435 P4.1m Beach County (> 4 0 —(1 e � F Page 3 of 3 City Department Building Division BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION SubmittalDeadline: r decision is rendered it ing Divisi Please-Print or Submittal Date: 7 . r , $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 le r fi". 1'L�C 2 Property involved is described as follows: LotOu... _w „ 1 lock Subdivision._ ,,° r [c��f ,� .. ` d Plat Bookm C �y , Page , 7 , or otherwise described as follows: Property Address: I ( C)l td I o 3 Name and Address of Owner: Name of li nt: Applicant's honeumber - } t �_ - Signature',of Applicant FAM 1. 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. . 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 o nton Beach Fl.33426 PO Box 310,Bo ntbn Beach FL 33425.0310 Phone 56i_74� 2-6350 33„ _ �, -- S,1t)eve1opmentl Wk0ng1Fonns&Templatealln-HouselBulld(ng Board ofAdlustment and Appeals Application 6W9113,1W18) NOTICE OF APPEAL FOR REPAIR I, Wing Kei Ho,had met with the officials of Building Division of the City of Boynton each 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 fisted. 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: 9 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. 0 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. 0 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 ate Owner of 1101-1103 N Federal Highway, Boynton Beach, FL 33435 9174 Chianti Court,Boynton Beach, FL 33472 561 229 6877 WAS-61 &,Mkoe). . - 11 11 I III I I I lli 11 CFN 201-70000054 OR BK 30-338 PC� 0740 PREPARED Y: RECORDED 01/02/2019 08,'19:56 ardn Yeh Ho -AMT10.00 Dot Stoop 0.70 '6826-Fiji Circle Pala Beach Countai Florida e,ypton each,FL 33437 Sharon R. Bar-*PCL•ERK & COMPTROLLER G QUESTED Y: Pis 44 - 941 M90 m' Ilin 140 2 ,6fihlachee Parkway 79B' Tal , �� ,FL 32301 ANE RECORDED MAIL T : WingWM 9174 C42 Court Boynton B FL 33472' MAIL AT TS TO: Wing o• 9174 Chi ti C rte Boynton Beach,1 3472 SPACE ABOVE THIS L[NE FOR RECORDER'S USE ONLY QUITCLAIM DEED t... KNOW ALL MEN BY : T141S:QUITCLAIM DEED, a�-' n entered into o the 31t ,day.of,DECF. E ,2018, between BENJAMIN HO_( .'' .,A SINGLE PERSON,WHOSE ADDRESS IS 2855 A alae e`e Parkway 79 ("G and WING HO and KAREN HO, HUSBAND AND WIFE(FATHER and MOTHER '" se address is 9174 CHIANTI COURT,B Y TO BEACH,FL 33472("GRANTEE") For and in consideration of the sum n Dollars($10.00)and other good and valuable consideration,the receipt and su ci `�f which is hereby acknowledged,Grantor hereby Itemises,Releases,AND F V ry� )i s to GRANTEE a property located in Palm Beach, Florida County,Florida, escri �R&�- `' Mailing dress: 1101, i103 N.Federal Highway'. oynton c ,FIL 33435 ` Parcel Control Number:08-4345-21-32-008-001 LegalDescription: LOT 1,BLOCK A,LAKE ADDITION T O TON,FLORIDA,ACCORDING TO THE PLAT THE F, CO E _ IN PLAT BOOK 11,'PAGE 71,OF THE PUBLIC CORDS OF PALM BEACH COUNTY,FLORIDA, LESS AND EXCEvr THE EAST 17 FEET OF LOT 1 (WHEN MEASURED AT RIGHT ANGLES TO°CE, T LINE OF SAID LOT),BLOCK A AND THAT PART OF LOT ],'BLOCK A. WHICH IS INCLUDEDIN THE' EXTERNAL AREA FORMED ED Y A 12 FOOT RADIUS ARC TANGENT TOTHE SOUTH F SAIR LOT 1,AND TANGENT TO A LINE 17 FEET WESTERLY OF AND PARALLEL TO THS EAST LINE OF SXID LOT],13OCKA.LAKE ADDITION TO BOYNTON,FLORIDA,ACCO, D & G TO THE PLAT THEkEOF,.AS-RECORDED IN PLAT BOOK 11,PAGE 71. Prior instrument reference: SPEOALWarranty Deed,Voluime/Book No 25434, Page 0464, Recorded / 12 612 1t: 7:53 NIm 8ibeho n ,.Florida..Pgs 0464-0465( ), Quitclaim d.;Parcel Control'Number:q8-43-4.5.21-32-008-001`0 Page I oft ' oo03 /Pagel C #20190000054 Page 2 of 2 r cument'No.,aft e- ecoider of Pal ' eae .County,FlUr®ida,r-ecardc--;l ClGW 20120,35H122. Su Lf1.16'911,If any, cJ41id easements,rigits(i#way,covenants,cC7r1.C1idon$,reservations.mid r�xoTrs of record. Subject to taxes fur 2019 and subs ue:tt years. G=` Tts all of the Grantor's.:ights,title and interest'in and to al: oftihy above clesci ibcd pr IA?t demi s to the Grantee,and to the Oran, heirs• si,_ s forever ir+.f simples that neither Grantor nor Gr tor's sirs lega! ie r• ntatives or usigns shall have, `:lai ,o — d y right or title to the property,premiss,or appurte andel,or any part thereof. !M W. I' S EOF the' ttot leas execut this d d nn the !i ®t n, of m_ 2018" 1L 31 Date - ,`� _ _-Grantor If ra 10 „ton's`nj ess STAXE OF_ 'L6 tiz A CbUN'rY CF The furs .ping instrument was acl:nowjedge _before rrie this the ._®day or 2015 by t"wa who is,. el°sc'Itally kllf3bi`rl to me or!ias produced as identification and.who did/did not take an oath. Signature of No °f Nputy Clerk. _rJ VV - Printed-Nunfe of Notary/Depui.y Clvxk k-. r° SIMMSCOTTGREBINAR- '.���`��, NotaryPudk-StateaiFbrkk My Commission expires.: ,4C riantGG103704 .eC.c:.e•°` sN�a�o�+�a�,nra�mAssn. uliciai Ueed:Parcel'Control Number:08-43-45-211-32-008-0010 Pagc 2 ot'•? EXHIBIT B Staff Report & Backup 16 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 6d'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 21,d 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. (00261469.1306.9001821) 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 buildin s ors stems. 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,a&ent, 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 {00261469.1906-9001821} 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 (00261469.1306-9001921) INTER-OFFICE CORRESPONDENCE MEMORANDUM TO: Shane Kittendorf, the City Building Official FROM: David N.Tolces,Assistant City Attorney 9'127 DATE: January 1.7,2019 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 C'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 (00276916.1306-9001821) . . f fllf ff�Iffi�Iffl I�ff f g�fff�1flf Efffl�f�!f�i� CFH ` 01.700000-5.4 OR BK 30238 PG' 0940 PREPARED BY: RECORDED 01/02/2019.68:19".56 Karen Yeh Ho 10.00 Dac Stamp 0.70 Dac 0.70Fiji Circle Palm Beach Countsr Florida B ton Beach,FL 33437 Sharon R. BockrCLERK & COMPTROLLER Nis 0940 - 9414 (2P9s) RDING REQUESTED BY yin Ho 2 falachee Parkway 479B` Tal ee,FL 32301 AN I RECORDED MAIL TO: Wing ,�,� 9174 Chili Court Boynton B FL 33472 MAIL TA TEMENTS TO: Wing Ho. 9174 Chianti Cb`urt Boynton Beach,I 3472 SPACE ABOVE THIS LINE FOR RECORDER'S 175E ONLY (QUITCLAIM DEED KNOW ALL MEN BY SE PRESENTS THAT: THIS,-QUITCLAIM USED, nd entered into on the 31 th:day.of,DECEMBER , 2018, between BENJAMIN HO_(b A SINGLE]PERSON, WHOSE ADDRESS IS 285 Apalachde Parkway 479B("G " and WING HO and KAREN HO, HUSBAND AND WIFE(FATHER and MOTHE ose address is 9174 CHIANTI COURT, BOYNTON BEACH,FL 33472 ("GRANTEE" For and in consideration of the sum 809 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiewhich is hereby acknowledged,Grantor hereby Remises,Releases,AND FOREVER tms to GRANTEE,the property located in Palm' Beach,Florida County,Florida,describ Mailing address: 1101, i103 N.Federal Highway,Boynton Beach,FL 33435 Parcel Control Number:08-43-45-21-32-008-0010 Legal Description: LOT 1, BLOCK A,LAKE ADDITION TO BOYNTON.. FI ORIDA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 11,'PAGE 71,OF THE PUBLIC. RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEP`r'1 HE EAST 17 FEET OF LOT 1 (WHEN MEASURED AT RIGHT ANGLES TO'CHE.EAST LINE OF SAID LOT).BLOCK A AND.THAT PART OF LOT 1;BLOCK A. WHICH IS INCLUDED IN THE' EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARC TANGENT TO THE SOUTH LINE OF SAID.LOT 1,AND TANGENT TO A LINE 17 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID LOTI,BLOCK A.LAKE ADDITION TO 'BOYNTON,FLORIDA,ACCORDING TO THE PLAT THEREOF,-AS RECORDED IN PLAT BOOK 11,PAGE 71. Prior instrument iefetence: SPECIAL Warranty Deed, Voluine/Book No 25434, Page 0464, Recorded 09/0612012 .1I:27:531'ahn Beach County,Florida..Pgs 0464-0465(2pgs), Quitclaim Deed.:Parcel Control•Number:0$-43.45-21-32-008-0010 Page 1 oft Book30338/Page941 CFN#20190000054 Page 2 of 2 Docuinent'1No. ,of they Recorder of i'airri'Bea.eh C'otinty, Fl}rida, recorde.d CT.'N. 20120351122. ' Supt.t6-911,if any, yalid easements,ri In s of way,covenants,condi dons.reservations and 'ons of record. Subject to taxes for 2019 and su'osequea'yeas. G wants u1of the Gra ntor's•-ights' title and interest in and to al: of she above described pro rad;demises to the Grantee, and to the Grantee's heirs and.assigns forever in fee Si?Tapl that neither tirantot nor Grantor's heirs legal rePrLse7t3tives or aS5igazs shall have, 0aim, on°and any right or title to the propeciy,premises,or appurtenances,or any part thereof.. IN W. V _N It-, EOF the grantor liar executed this deed tni the_3 I _th da)-of 2018: Tiate -- a FUTALZgL1-,__.k}Q_ - G'ra?tor _ ddress: 9'►-t o f �z.srxa� rh Ra-WRa� dSa�" �`' �Cd t c 'ttT�c'a7rGG$i�f � . � A�:� • s: Q��� t.wi,�mss:wr Tom- . --- --- O Urantor's`W'. ess ' STA`rLOF �c;��+-•z®A `� C4[1N'L'Y OF The foregoing instrument was acknowledged.b.fore rrie this the _iiav of .?018 by *^!*J who i5:personally known to me or has produce) c4L _ _ ws identification and.who did/did opt take an oadl. Signature ofNotaryi.Deputy Clerk.��—� � S rej V1) a.-a.- _ Printed N-anile of Notary!Uepui.y Cl"rk � vSTEVEN SCOTTGRE8INAR- .;� NotaryMic-Stateo(Rorw My Commission expires.: cp11"&5i0"'103704 _ '`�`••°� Bardrltho;yh7iationalNaluyAssn. Quitclaim'Ueed:Parcel Control Wrnher:0843-45-21-32-008-0010 Page 2 of*2 The City ofBoynton Beach DEVELOPMENT DEPARTMENT BUILDING DIMON 100 E. Boynton Beach Boulevard P.O.Sox 310 Boynton Beach,Florda 33425-0310 1:561-742-6350 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 61 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 Uty ofBoynton Beach DEVELOPMENT T BUILDING DrVISON 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florda 33425-0310 TEL: 561-742-6350 FAX: 561-7426357 www.boyiiton-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 1001.3 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 ofBoynton Beach SEEM DEVELOPMENT T E T BUILDING DIVISON 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 TEL:551-742-6350 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 6TH 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 61 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 6TH 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 6TH 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, Shane Kittendorf CBO,CFM Building Official ne City ofBoynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E.Boynton Beach Boulevard P.O. x 310 Boynton Beach,Florida 33425-0310 TEL;561-792-6350 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 ofBoyntan Beach - DEVELOPMENT E " BUILDING 100 E. Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0320 TEL:561-742-6350 FAX: 561-7426357 www,boynton-beacFi.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 611 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 ofBoynton Beach DEVELOPMENT DEPARTMENT BUILDING 100 E.0oynton 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 1001.3 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 ofBoynton Beach ommon DEVELOPMENT DEPARTMENT BUILDING 100 E. Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 ° L: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 61 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 6TH 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 6TH 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 6TH 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, Shane Kittendorf CBO,CFM Building Official DEVELOPMENT DEPARTMENT BUILDING 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 TEL:561-742-6350 FAX: 561-7426357 — .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 i PERMIT NO. I CT FFIC HOURS:7:30-8:00 A I S CT RS' E: 742-L3_20— ADDRESS: STUCT. IN ELEC, PLUMB. MECH. ( GAS CORR ECTIONS MUST 151E MADE AS NOTED: BBA TO FBC - REQUIRED INSPECTIONS f BBA TO FEC - PERMIT REQUIRED BBA TO FBC - NO PERMIT OR FLANS AVAILABLE FORINSPECTION C) STOP WORK! a VIOLATION! CORRECT AS NOTED j C3 REINSPECTION FEE OF f _­,"'I'll MUST BE PAID I PERSON THE BUILDINGMSI I REINSPECTION IL . F 1 V r� £ r 1 a 3r __ ,+ - tt , =u` CITY FBOYN-f"ON BEACH, FLORIDA DATE S ``err lt,``7` Q J.., M INSPECTOR White-File Copy/Yellow-Inspector's Copy/White Tag-Job Copy to Al ji � � 1 t t� v � G� as "�� •'� f�`,� � � ., � it � �, AV ' IMP, C-1 'Aw, 3t w�•.'�e�t I �t � ,i V t [1 r 1, js{ � tr xf wo I s y i$� s } pm{ 1 RE r t PEdFP "f, t X11 n t . M� Yx I. PA to A oil `f h xY t�F titr iy f { ' t j rm tri is , .} m. x1 t, rr a` t i 'n� $ k > x � 1 r r� t J � nIn � a i 1 4 v y f 44 JI, ty N �stw k` PAL r r t� t s F ff p � � s �" t � ti s t1 t uta r t s Etta. t t 7„ } s a a � pla, ;;Ytt r a � 3 + 1' F t � Ad 7 "OEM t` if.�, + , f + {+fit ��Y� 'Irr1y �. V i>< �^�E �'� 9 i � ' °Yt iii Iv `� `• x i f +t�f i+ l� t�s ft ki t s >t��1f fi�it��+;r x, s,Ss, II, v�z��' � �iliGli� `, at ), So f i ,k� i \ s yyyyyy��t��t r,F , ,t "twa �_- s�, t., 5 5 I s S t ttoy 7 tz; ��,is_, G�tis ,,,i�r5\tS\s \s sli�f`}J)�t{���4�s Ss4f�'\J`{£)�_�v,�1,\�� i S3)1 }i�iltil}Fl S 1 t}S4� his,,•`j ., ,�� �,.,= ra�k1 ,Y \Vr r:St Sts ss t tlt t Ss t 1 5 }it a tl r y >t Y } �� ), NO t�=S,i% ft \ut t>rt1 �� i4t , ,r�s,} „t s}tt tll yy� tl;��l��g� „�S}SAT}s5: �� ��)il�`S .: �1���llr;s,� �� t��}�,, }�, •«,� JAW 46 WYA "' "A""? t; r sash J��itli {#tv,����1� SON in not W& j, rS rit(t 7 ( ,,,ii s � �:5 t, t,1SS t: {trr svgs Vt S�) � If},1�ttty I}iglus tnllr`tt, � it�t I Slt � i int' ��?��tit R1) s sS,t\S 4 , oil rl IBMt trrl"Isji 1S r1\}tli ``}a3r}114s}i , \t{Rill i)3ta \a:{I i,Irl`'?\ai\y' lliilJl'%{Zcr ytr, M !� t�`r� t\" ' ! } NOT,si : ✓t� �� 3 § Yl\4�,�?"�1 7� ,41�tflr!��{ i x r t r i t i tit i{i, S 4,t 7 1 l!t t i cA }} n 2 ra s IYr = `L{ i syi sy �lCjl l Y Ci a'- !',ixt ,tli ,h ily itI' * { 1110.5 1 win N �i s , ' s �us Ijr v t?V ( "l,i c', s i x i \ { a to1 ON, _ iYf `{ ............ r sa > 1 r WE Von TIT �t l�rt1 h ll�jii#? tr t r i =.t.%r��Dtyl Ir atti t., ,qtr s, s,,rrx - hNo a ��t!ti`fi si{I Io1 strlirl 1v t 1 i_ t i r i rr j i a a a 1 r an ?�����}fir� tt�l ��s{'i}tfitr(t 1ty a S#r - i s i� ?Uaa}t i}C gab f{ 11 r 4i ' a , a w i 1ar T 0A 'S r t X53 x�- t 'tn KA V fit Ill lo 9 }}s t�yi?1 t�isV tr „ iC ? };✓1 t.� ( SAl 11(I S S �4t - � MAN t 1 t : 11 r�1 1 r t 11 z ti WSr _3 Ort 1St t Yr�t}3 4�1 1� 1 ! Y , i1rS KV t qs r•: � ?,��_ t��L_ ����j�t\�� �,3 x�ht`r'fl '' ,.`�--����3 �.� y tA1 i�` ,£r t. 4t `�; !''-'—�, a t� nr` i (' s c 3. 1 rs 1 t i r OIL r i 191)l4 t t. t a, tts3 S�,r 1 � - t� t} � f 1 k�S 1r}i�; Cal jo law. 3 _ s (f ' rrv, ; i 1 1 jrti�>, ��} �ij a}r � r - r 1' =�t �� � °;• 4 �f )�fr S t��psi-, f,o t�" t i , }�,t -- n " mu r� F�t� if iti it 1 4 ;f 4 nT yx ( f 1 - {{�� 1 9:f 8t1 P Ulf ,`Y1�if 1i 1» �'` � 1 � 01 - t tt x ray , 5, f Il, - -i4 1 t� r St} f WNW I' 1�Ih6j;(S7 i1af Sz,3Stkf�tift��1��� 1 � tl t f���l7i h16i4S 3 P t - t :`�tSif�it�`•tififfif'�}I�)If� � S\ t," ti �i2 4 t - } ,rti9)I�{(}iS�}ttr�r»J �ti�l rfl�. , icy; ti, �� r � �£rte,, � 4 tt.�`'tflt`•i�� Ann � tti t. £ 7NNW rt f Ct4�F��It � s�rTtt`i�r�lz f � �khu it sX sr�t 37,, r t £+r t 'r 1i yfy)t f¢ m Yr\r Ll rr �„ t f tv } � � " "Mi1 rips: asks� ' 1 l?r ��i i�}?)s� �1� t i `•,;rkrV t \ i t' t}(}'. 111 - „`at;tt is}\\t ti�}{� o � �Iwo sits ���}�4�\llslt�rt 1{lrrrr st tis Aii t t)ttrr}'!r}t S r , IV, tt (fl r�t����j`�}'fl ttr(r{St.lf��ffs r(rt�r{�IHSS tb;sts`•v�,. }}1re �}c ��t'tk tt �}Vltf 1, t iter"liJ�1 �Iit\�k�t(y'(f\>rrrrt}i�PStiirt is; 9 1�pS�N pp�(h'!r,1\ t tPr fstt tit tt��I s M4a� ma Y gr tt €4 1 y t t �l i s — � - �t - ( r : i � fViilt� � t)s�{ l t � � t VertlyliU Ve at _- N ^,f ,-t5�i� ) I rd},r v�}t11f1 s ` 1 '� 1 tttd r t s rt �`• - 4 ° r, Nis (r llp"I"IN, �+r 1�tri >r i No, r t 1 t to {ll ltd -1 r t k_-t itn w tis � -{ { � 1 Ji Ji i Il)i }S Lt§; tilt `v r L L 'l , E -- i t��i ,itt�e`tiS� itlnir " �S�Gt(t '(11Lt'#a 1k t� \L1�1°Sus4�t�ir sl<�j�k i t��}fit ( attiii� it y{ }its(f - � 11�1t1#{t S{�� 1 y Lid kt}�iitits} lii� a {`ttj I{ (itis ���(� {r - \�L�1��������1 lt�rlt'LS�kt� r� 1 1t�, y {1Vt{ k .� r ir�Utrkic 1���� iFli�l� tt t',�l �'t�)1+4� ;3'� t� �iA��: "�ip�li �f i i{I t{} r- S st "�t'� i�3 t+{>r7� s 1 � t.ti„✓ss ii(�'1Sl a `s .rr rj t2�i1r� - •$q1 \i �� JJJJJJ G l t z rzt , � I� �. ii41(\J�LS� ���i 4Sr �' tt . v11 13�S1 4 t �t Vrti fi} ,.�; - (t{t �t� r t fi ..4kur,rn!,,Jf lt 'f }r`t 'I'- ttt <� X11 S �l �v,kV 114It1 ,„- t( f r+t 41 .�i t 1r �r}+ to 4�1itt 1;ii 4 +:tlibft S - h1 i}t Mom,�4Aist}� 2 yfst 1 �. + t 11M,, 1 a + .��ll rt s tvktt d�51t'i�tt with �t { tt s 1 i +l4�i i1,1 � t sr i r Ic s COMMA 1owns. I i ? �i{ 1i�A4 it➢ q r }ZIt ib j���� {' O �1tAS i v t�i1����51r ii t li � 4'",',a. r it �1�� f�tssftit c s h` .4 t,it it r 1� i+rtdt 1�il�frft i }'Vtt_ ARE"", w sjt �1t�F is 1 s r, q 4 rl E 4tr{4 1 j 'SI. fSb�'1it- V - +\ Rj�lltlr�St, t i �i t�14�,j( £�tt£{{1 t+t t t�� �f«� ,1'111 ��+ ITA {j` is!}tsl �'t• '}' 4 { °� �{���i y4bt lnt'��t}97 i�it: 1n I+ �'� 5111���01i�d.�t tai 1Mill "N" �1� lr 1}? li�ts { _ t - 4 t 1 t¢r) 1t�� b1+> 4\1t4+n i'rs i T�443�t41 t yt1i4 tl}t � y F�s t1 i>itj ti411�4 O�Uritlt��'1+1y41£r�}t 7 - r - 14�s t( ntlit - �''/ r S� N { t " J lumpf r tia ,',,-rs ar F s k4 t tl,, a 4i rr a i;s �s �I s�tt j S11�i in ixN 4 P •. s 1i t r t t{�r� { t a t r tYti lfl s �' A - { � t�s'.) t � r �r4 4� �}l)�1 -`} $s',y���'i �i•Si���j,St., I � v I. f tit - fi� t r S ' a 1j trstri� rid t >4 '1� r`S�t t1')Y��� - s � � t - i - al�� - I h., ' LOS i I l {s r r )111}(} } A AM} flgllf Il'l{, ttl� - II I sh}vf int,i ri, $t� ,`•u ct t��}tf 1'� }L,� {rii��'��-`��ti t�;s��i j�(�����,.1s�si�ry }'f�"s��j�t�l �, ,}1��5}7�; ���y�j}� '�:_���S ����i� � �".+�cs� i t - � tr { x4 r "PT Yt r� f��� il. n rtr �r vRA FriIN r )it{ykr+ r , % G it r$ � 05, s , — F I r t,. t IBM v r s \ m t '9i si is�``;4" t 11"i lx s EV tl�l `� iff � a � w �t,��' {� t ti:nk; !h tib '3 s� n rliunui � I E � i oil' { 4 Elmt 4 t i f3t`\ a i t ^_ �-.. h, 1 (� 1 a S 1 Yz yy �t {i �-`- � "Iir(t ' �4��' �,tit i�t,44t��it i i� � � `�- �•- l it .F. { Z EXHIBIT D 2,017 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 perm it. Boynton Beach Amendments 61h 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. 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 61 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: s 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. rl I I I ,�{ { t ill i Vtt� s,y �o { s, _ f F r� , ti s; 1 { s t ALL DRAWINGS APPEARING HEREIN CONSRTUE THE ORIGINAL WORK OFJANJIC A-hiteel AND MAY NOT BE DUPLICATED,USED,OR DISCLOSED WHITOUT THE WRITEN CONSENT DFJANJIC Arehllect Drawing i. o Client _-- -- -- D" m n) N a'' !nom WING HO JANJIC Architect A _.... •• —..... .... "I"'eNE.'mO I RENDERING m 3 Proled RETAIL STORE REMODELING Hal258bneaTlNnw Oneh FL.SSM (A 1101,1103 N FEDERAL HWY. BOYNTON BEACH PH.-hoeeeC 2514 —..._.,.u.... I.—_. ............ _, o z - o —I fTl II,I_II D Lo < G7 D + O Z p Z I, Z i, + Ll 1. ill i,, iiLof Z I � I „ I I TR I mo 1 I 3 i 9 ' �. . D r D I ALL DRAWINGS APPEARING HEREIN CONSTRUE THE ORIGINAL WORK OFJARJIC ArChlte Ct AND MAY NOT BE DUPLICATED.USED.OR DISCLOSED WHITOUT THE WRITEN CONSENT OFJANJIC Archlteet rn Orawin9 S m IClient D ;m WING HO JANJIC Architect i ELEVATIONS a o_ IProiect — sse Tnn �a.BNa.JJBs O RETAIL STORE REMODELING M56 T,.nd.I1.1 ,d iL!1008 N tO 1101,1103 N FEDERAL HWY. BOYNTON BEACH PH.9S0 40.. i mtja954 QmPll.e4