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Minutes 01-18-23 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JANUARY 18, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candice Stone, Director, Community Standards Isis Sablon, Community Standards Associate Miranda Mohorn, Community Standards Associate John Kuntzman, Building Official Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and not to the City Commission. Also, a fine will be imposed if the violation(s) are not corrected by the deadline. II. INTRODUCTION AND SWEARING IN OF WITNESSES Community Standards Associate, Isis Sablon, administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status 14 22-3298 Complied 17 22-1552 Removed 18 22-1553 Complied 19 22-1601 Complied 20 22-1802 Complied 22 22-2209 Removed 30 days 27 22-1115 Complied 30 22-2225 Removed 90 days 50 22-1132 Tabled 30 days 52 22-0210 Removed 30 days 54 22-1140 Removed 30 days Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 IV. NEW BUSINESS Case Hearing Case No. 22-2299 Ospino Randolph Property Address: 111 SW 5t" Avenue Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1A Please remove all outside storage or furniture, trash, debris, to include under the carport area. COH CH 15 SEC 15-120D1 D Reseed or resod to cover all dead spots in lawn to reestablish grass. Officer Chevalier Chevalier Bien-Aime-Aime presented this case, which was a routine inspection. The initial inspection date was August 19, 2022. This is not a repeat violator. A Courtesy Notice was issued September 26, 2022, with 15 days to comply. Certified Mail was sent on November 21, 2022, and no signed green card was received. The property was posted on January 6, 2023. Attempts were made to contact the property owner while posting the property; however, there was no response. The property was last inspected on January 11, 2023. This is not a health and safety hazard. The City recommends compliance by February 21, 2023 or a fine of$75 per day plus administrative fees in the amount of$384.12. Ms. Zalman questioned if items must be under the carport or removed. Officer Chevalier Chevalier Bien-Aime-Aime clarified that the only item supposed to be under a carport is a car. Randolph Ospino, owner, was present. Ms. Zalman commented that the things in the carport can be removed and cleared quickly. The Respondent stated he already removed everything, the only thing left are his kids outside toys and bicycles. He spoke with Officer Chevalier Chevalier Bien-Aime-Aime when he arrived, and he said that is fine as long as there are no storage bins. Ms. Zalman asked about recycling bins and garbage cans. Officer Chevalier Bien-Aime indicated that recycling bins and garbage cans can be kept on the side of the home out of view from the public. Ms. Zalman mentioned the sod and noted that the City is offering until February 21, 2023 to seed or resod. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 The Respondent stated that his daughter had an accident at the end of July, so he took of work and ended up getting in a car accident three weeks later. It was a bad end of the year, and he was out work for two and a half months. All the savings went to taking care of his six-year-old and two-year-old, and currently, he is living paycheck to paycheck. He has received about six quotes for the sod and the cheapest one is $2,500 because he needs irrigation, a sprinkler pump, new lines, and they have to break the concrete carport to run the lines. His plan is to use his tax return to get that done. Ms. Zalman asked how much time the Respondent needs. The Respondent replied as much as possible. He thinks tax returns should be in by the end of March or beginning of April, but if it can be done sooner, he would like to get it done as soon as possible; it is just the financial aspect. Ms. Zalman asked if the City had an objection to an extension for the sod. Officer Chevalier Bien-Aime replied no. Ms. Zalman indicated if the Respondent gets his tax return at the end of April she suggested a compliance date of April 15, 2023. She noted that administrative fees in the amount of$384.12 has accrued and must be paid. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 15, 20237 or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2049 Johnson 011ie B Property Address: 506 NW 4t" Street Type of Property: Single Family/Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1 D Sod or bare spots on the property. Officer Estime presented this case, which was a routine inspection. The initial inspection date was July 20, 2022. This is not a repeat violator. A Courtesy Notice was issued on August 22, 2022, with 21 days to comply. A signed green card was dated November 21, 2022. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Wanda Mackie, owner's daughter, was present. Ms. Zalman indicated this has been going on since August and it is still pending. She questioned the delay. Ms. Mackie stated this is her 93-year-old father's property, who has been there over 40 years. At the time they received the Notice they were dealing with her mother, who became ill, and ended up going to three different hospitals. They ended up in Gainesville in the Burn Unit and she passed away in July. They initially received a Notice for bees in a tree in June, which they took care of, then when they came back from dealing with her mother in the hospital, there was a Notice about the sod. The sod is bad, but if a recent picture was shown, it has improved. Her, her daughter, and her son have been working on it because funds are limited, and she has her own home and has to maintain her house. They are doing whatever they can to pull together as a family. They recently seeded the lawn and now they have a working irrigation system. Ms. Zalman questioned how long it takes sod to grow after being seeded. Officer Estime estimated anywhere from 30 to 60 days. He provided a picture taken on January 17, 2023. Ms. Zalman advised she would add a week onto the compliance date to February 28, 2023. She noted that administrative fees in the amount of$384.12 has accrued and must be paid. Ms. Mackie commented that one of the issues is that they are on a corner directly across the street from Galaxy Elementary School and the kids constantly walk all over the yard. They can get rid of most of the dead spots, but it is hard. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 28, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2295 Louidort Janelle Lumene Peter Property Address: 416 NW 9t" Avenue Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1A Remove all inoperable unregistered vehicles on the property. COH CH 10 SEC 10-56D Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Install legible four-inch house numbers on exterior of property. Officer Estime presented this case, which was a routine inspection. The initial inspection was August 19, 2022. This is not a repeat violator. A Courtesy Notice was issued on September 7, 2022, with 14 days to comply. A signed green card was dated December 1, 2022. The property was last inspected on January 4, 2023. This is not a health and safety hazard. The City recommends compliance by February 6, 2023 or a fine of$75 per day plus administrative fees in the amount of$384.12. Peter Lumene, owner, was present. Ms. Zalman commented that it looks like the cars need to be removed and the City is willing to give you until February 6, 2023, but that can be done before then, so there is no issue. Administrative fees in the amount of$384.12 has accrued and must be paid. If the cars are not removed by February 6, 2023, there will be a fine of$75 per day. The Respondent stated he will take care of it. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 6, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2314 LG Import Export Inc. Property Address: 724 North Federal Highway Type of Property: Commercial Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Obtain permit for unpermitted canopy and post. Contact Building Department to resolve. Officer Estime presented this case, which was a routine inspection. The initial inspection date was August 22, 2022. This is not a repeat violator. Written Notice was issued September 7, 2022, with 30 days to comply. A signed green card was dated December 10, 2022. The property was last inspected on January 12, 2023. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of$100 per day plus administrative fees in the amount of$384.12. Luis Gamba, owner, was present. They applied for the permits. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman indicated there is a compliance date of February 21, 2023. She noted that administrative fees in the amount of $384.12 has accrued and must be paid. She suggested the Respondent stay in touch with the City. An Order will be sent via mail. Officer Estime advised that they did apply for permits, but they failed multiple reviews, so they have to get in touch with the contractor. They failed structural in November, and Planning and Zoning and Fire in October. Ms. Zalman told the Respondent to make sure the contractor follows up every few days and let him know; otherwise, a fine will accrue. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-2425 Sem Po Ying Property Address: 132 NW 4t" Avenue Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 10 SEC 15-120E2C Repair all windows and doors to be weather tight and have no gaps. Repair and/or replace all cracked windows. COH CH 15 SEC 15-120D1A Remove all outside storage, trash, and debris. COH CH 15 SEC 15-120D1 D Sod all bare spots. COH CH 10 SEC 10-56D Install house numbers visible from the street. COH CH 10 SEC 10-56E Replace broken kitchen cabinets, broken doorknobs. Repair rotted decayed wood in interior structure. Repair leaking ceiling. COH CH 10 SEC 10-56H Extermination required. COH CH 10 SEC 10-58 Plumbing facilities and fixtures. Repair all plumbing fixtures to be free from leaks and defects. COH CH 10 SEC 10-60D Fire protection system. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Replace defective smoke detectors. LDR CH 4 ART 1 SEC 6 Remove dead tree stump. Officer Estime presented this case, which was a citizen's complaint. The initial inspection date was August 31, 2022. This is a repeat violator. Written Notice was issued on September 23, 2022, with ten days to comply. The property was posted on January 6, 2023. This is a repeat offender based on a previous Order, Case No. 20-0773. The property was last inspected on January 12, 2023. This is not a health and safety hazard. The City recommends compliance by February 6, 2023, or a fine of $250 per day plus administrative fees in the amount of$384.12. Sem Po Ying, owner, was present. Ms. Zalman asked if there is a tenant at this property. Officer Estime replied the property is vacant. Ms. Zalman mentioned the list of violations and noted that the City is recommending compliance by February 6, 2023. She asked how long the Respondent needs to comply. Officer Estime thinks 30 days would be sufficient. Ms. Zalman stated if this does not get done in 30 days there will be a fine of $250 per day. She suggested the Respondent keep in touch with the Code Officer to make sure nothing is missing and call them when everything is done, so they can check and make sure. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 18, 2023, or a fine of $250 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-2557 FKH SFR Propco B HLD LP Property Address: 1204 NW 5t" Street Type of Property: Single Family/Non-Homesteaded Officer Estime presented this case. This is not a health and safety hazard. The City recommends compliance by February 6, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 6, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2993 Kehrig Letitia J Property Address: 710 NE 7t" Street, #303 Type of Property: Multi-Family Property Violation(s): NAPA 1018.3.3.3 Fire doors shall be self-closing or automatic closing. Service the fire rated doors and they must self-close and latch. Second floor, south stairwell. Stairwell north, second floor. NAPA 113.6.1.1 Maintain recharging and testing of fire extinguishers. Fire extinguishers are due for annual recertification. N PAP 118.2.2.3 Owners of a structure are required Fire Department access. Installation of keys are to be placed inside the fire box. Both stairwell doors and elevator recall. Fire Inspector Simmons presented this case, which was a routine inspection. The initial inspection date was April 14, 2022. This is a repeat violator. Written Notice was issued with 228 days to comply. The last inspection was on January 17, 2023. Notice was posted on the property and City Hall on January 6, 2023. This is a health and safety hazard. The City recommends compliance by January 25, 2023, or $75 per day plus administrative fees in the amount of$384.12. Dr. Tim Kehrig, owner's son, was present. His mother has been deceased for ten years and he owns a unit in the condominium. He is a Trustee. Ms. Zalman advised that the City recommends a compliance date of next week or a fine of $75 per day. She noted that $100 has accrued as of this date because this is a Fire issue. Dr. Kehrig state everything will be done by 3:00 p.m. today. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman indicated then there would just be a fine of $100. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of January 25, 2023, or a fine of$100 per day. Administrative fees in the amount of$100 have accrued and must be paid. Case Hearing Case No. 22-1353 Orucoglu Mert Property Address: 1250 Old Boynton Road, #303 Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent via Certified Mail on December 7, 2022, and a signed green card was dated December 13, 2022. This is not a health and safety hazard. The City recommends compliance by February 1, 2023, or a fine of$100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 1, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1354 Orucoglu Mert Property Address: 1250 Old Boynton Road, #310 Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent via Certified Mail on December 7, 2022, and a signed green card was dated December 13, 2022. This is not a health and safety hazard. The City recommends compliance by February 1, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 As no one was present to testify, Ms. Zalman ordered a compliance date of February 1, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2104 Nakash Christopher Property Address: 1202 Meadows Circle Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent via Certified Mail on December 16, 2022, and a signed green card was dated December 27, 2022. This is not a health and safety hazard. The City recommends compliance by February 1, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 1, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2162 Lawrence Grove Homeowners Assn Property Address: 1246 Sussex Street Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent via Certified Mail on November 30, 2022, and Notice was posted at the property and City Hall on January 6, 2023. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Case No. 22-2740 Mitchell Consulting Services Property Address: 815 West Boynton Beach Boulevard, #9104 Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent via Certified Mail on November 30, 2022, and Notice was posted on the property and City Hall on January 6, 2023. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of$100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-3049 Boynton Landings Condominium Property Address: 2309 North Congress Avenue, Club H Type of Property: Multi-Family Property Violation(s): COH CH 10 SEC 10-56B Per inspection report dated 12-2021 by SRI Consultants; provide permits for repair per report or permits for demolition, structural, and electrical analysis. States repairs required or immediate repairs needed. If building is unsafe provide demolition repairs and Engineering report by December 18, 2022, for Buildings 2301, 23037 23057 23077 23097 23137 23157 2317, and 2319, all on North Congress Avenue. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was November 18, 2022. This is not a repeat violator. Written Notice was issued on November 21, 2022, and the Respondent was given until December 18, 2022, to comply per the red tag issued by the Building Official. Notice was sent Certified Mail on December 217 2022, and a signed green card was dated December 30, 2022. This property was found in violation by the Building Official, John Kuntzman, who has been in contact with the Engineer, and is here to provide testimony to what he observed. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City recommends compliance by July 20, 2023 for compliance or a fine of $75 per day plus administrative fees in the amount of$384.12. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 John Kuntzman, Building Official, advised he was aware of issues with some of the buildings via a complaint. He visited the property to look at the buildings and ended up placing red tags. All the buildings have some issues, most of which are stucco spalling. He has been in communication with the Engineer of Record, who provided a Phase 1 letter for the entire project, meaning that all the buildings need to go to a Phase 2 in the Building Recertification Program. He will be providing repairs schedules, plans, and permits for each building individually for the repairs he is citing. During the Phase 2 inspection he is going to do some exploratory demolition as there is a lot of damage to the buildings, some more severe than others. He is supposed to provide information tomorrow, so each can be reviewed individually. Ms. Zalman indicated that the City is offering a compliance date of July 20, 2023 and asked if that is an appropriate compliance date. Paula Mira, Attorney, was present on behalf of Boynton Landings Condominium. The report from SRI was performed last year, on December 20, 2021, and submitted to Management at the time with a prior Board. SRI Consultants is no longer the Engineer of Record, and that particular Engineering report was questioned by new Management and the new Board. The new Board decided, prior to the last hurricane, to submit that report to the City. They are questioning the validity of that report and also the conclusion, which was reached, indicating that the buildings were unsafe. Ms. Zalman stated that is not before them today, this is not a health and safety hazard, this is a compliance to rectify certain issues of stucco spalling, etc. Evidence has been presented that there are some code violations, stucco repair, ceiling repair, etc.; there is a list of violations in the Notice of Hearing. She asked if Attorney Mira was objecting that those violations exist. Attorney Mira replied not at all. She was giving that for background. She thinks they are fine with the compliance date of July 20, 2023, and believes Mr. Kuntzman can testify that the Association has worked rapidly since obtaining a new Engineer. Due the nature of what they are facing with these repairs, she requested that the daily fine be held in obeyance until the compliance date. Ms. Zalman clarified that the request is not until after July 20, 2023 and that is fine. They will have up to July 20, 2023 as requested and after that point, $75 per day will start to accrue. She suggested they stay in contact to keep everyone apprised of everything in case they get close to the deadline. Administrative fees in the amount of $384.12 have accrued and must be paid; however, there will be no fine until after July 20, 2023. Decision Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 20, 2023, and a fine of $75 per day will begin after that date. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-3298 Eveillard Homer & Veillaro Property Address: 416 NW 7th Court Officer Hill advised this case is complied. Case Hearing Case No. 22-0523 Los Mangos POA Inc. Property Address: 2631 SE 28th Circle Type of Property: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit is required for the shed. Officer Weixler presented this case, which was a City department referral. The initial inspection date was February 18, 2022. This is not a repeat violator. A Courtesy Notice was issued on February 18, 2022, with 30 days to comply. Certified mail was sent on November 18, 2022, and a signed green card was dated December 22, 2022. A permit application was submitted, Permit No. 22-1551, and was disapproved by Structural on March 18, 2022. There are 303 days of no activity. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City is recommending compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Joe White, Board of Trustees, was present. Ms. Zalman commented that this has pending for a while, and they need to resubmit or correct the problems. Mr. White stated they had an issue where the shed was broken into multiple times. The shed has been fixed and the contractor applied for a permit a year ago. They had to have the shed repaired on an emergency basis because that is where they keep all their materials for the development. He has contacted Mike in the Building Department. This is a preexisting shed and they put stronger siding and doors on it. The contractor has disappeared and they are looking for a safe place to keep their equipment for the development where it will not get broken into. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman indicated that it looks like the contractor never resubmitted the permit and there has been no activity for 303 days. Mr. White advised the shed was completed, but the contractor disappeared, so they would have to start over with a new contractor. He did not know if an Inspector would look at it. Officer Weixler stated that the Building Department will not do an inspection; a permit must be issued. Once a permit is issued, the Building Department will be notified, and they will do an inspection. He asked how long ago the contractor disappeared. Mr. White replied they have not spoken with the contractor in over nine months, possibly a year. He noted they do not have a new contractor and reiterated this was a remodel on an older shed. Ms. Zalman indicated that the fact they do not have a contractor is the problem because they will apply for the permit and get the process started. She extended the compliance date to March 15, 2023. Decision Due to evidence and testimony, Ms. Zalman ordered an extended compliance date of March 15, 2023, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1477 Taylor Brian & Sherman Steven Property Address: 707 SE 3rd Street Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Case No. 22-1552 F1 Capital Investment 20 LLC Property Address: 405 SE 23rd Avenue This case was removed. Case Hearing Case No. 22-1553 F1 Capital Investment 20 LLC Property Address: 405 SE 23rd Avenue This case has complied. Case Hearing Case No. 22-1601 Maye Jacquelynn G TR Property Address: 1 Colonial Club Drive, #303 This case has complied. Case Hearing Case No. 22-1802 Felstead Robert F Property Address: 542 SE 5t" Circle This case has complied. Case Hearing Case No. 22-2137 Brown-McIntosh, Valrie Property Address: 145 SE 3rd Avenue Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is a health and safety hazard. The City recommends compliance by February 6, 2023, or a fine of $150 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 As no one was present to testify, Ms. Zalman ordered a compliance date of February 6, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2209 Van Mol Elen C Property Address: 936 Brookdale Drive SFHA This case was removed for 30 days. Case Hearing Case No. 22-2397 2107 SE 3rd ST LLC Property Address: 2109 SE 3rd Street, Unit D Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by February 6, 2023, or a fine of $150 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 6, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2499 Tower Bridge Realty Group LLC Property Address: 715 SE 1St Street Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is a health and safety hazard. The City recommends compliance by February 6, 2023, or a fine of $150 per day plus administrative fees in the amount of$384.12. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 6, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-3109 Copeland R Diane TR Property Address: 902 South Seacrest Boulevard Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is a board up and the City recommends compliance by February 1, 2023, or a fine of$250 per day plus administrative fees in the amount of$384.12 or a board Order for the home board up. Ms. Sablon clarified a board Order for Abatement. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 1, 2023, or a fine of $250 per day, plus administrative fees of $384.12, or an Order for abatement for the home board up. Case Hearing Case No. 22-3142 Gulfstream Condo Assn Property Address: 2020 South Federal Highway SFHA Type of Property: Multi-Family Property Violation(s): COH CH 10 SEC 10-56ABD Repair all buildings and there are ten on the property per the red tag by the Building Official. Engineer report and permits required within 30 days of red tag. Red tag was given on August 19, 2022, over 80 days ago with no activity for the remedy. Officer Weixler presented this case, which was a City department referral. The initial inspection date was on December 5, 2022. Written Notice was issued on December 5, 2022, with ten days to comply. Certified Mail was sent on December 21, 2022, and the Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 signed green card was dated December 29, 2022. Building A permit has been submitted, so that is one out of ten, but it has not been issued yet. The property was last inspected on January 17, 2023. This is a health and safety hazard. The City recommends compliance by February 1, 2023, or a fine of$500 per day plus administrative fees in the amount of$384.12. Ken Zeilberger, Counsel for Gulfstream, was present. As indicated, his client has been working diligently to address this problem. Last month the Association entered into a contract to address all the buildings, which is almost a $6 million contract that is going to be done in phases. Some permits have been applied for and he understands there were some issues during the last few days about uploading certain documents, but he thinks that was done by the Engineer. Once a permit is issued, work will begin next week. He mentioned the compliance date of February 1, 2023, and stated the project is just starting. This is not the type of project that can be done and finished in two weeks. Ms. Zalman agreed and indicated she was going to address that with the City. She heard the words "health and safety hazard", which she is sure is the issue. She asked the City to testify regarding the compliance date. Officer Weixler advised the red tag was posted on the property on August 19, 2022; 30 days was given for the report plus the application for permits. The report was done and given to the Building Official, but they did not act on any of the permits. The red tag was posted over 80 days ago and now there is a sense of urgency. John Kuntzman, Building Official, indicated that the safety hazards the Engineer pointed out were stairways, the stairwells have concrete spalling, and it looks like repairs were previously done to several of the areas, but the repairs were not done properly and made matters worse. The Engineer is saying repairs can be done without blocking the stairway and they have been notified if any of the stairwells are blocked everyone in the building except for the first floor need to be removed while repairs are being done. For him, the stairs are the most important part. Ms. Zalman stated this is about the potential blocking use of the stairs, not that they are going to collapse. Mr. Kuntzman advised that the Engineer has told him that the stairs are not in danger of collapsing; however, he did say that immediate repairs are required for the stairs. Ms. Zalman asked if the City had anything to add regarding extending the time of the fine. Mr. Zeilberger stated the only thing he would add is that the repairs and red tag issues can be prioritized because he just spoke with a representative from the contractor. There are four buildings and multiple permits and once the permits are issued those can be addressed. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman commented this is an accumulative Order, so it has everything for $500 per day. Even if some are repaired, everything still needs be in order. Ms. Zalman thinks they should document the progress, what is being repaired, and the timeline. Fines will start to accrue and when this is done, they will come back for a Lien Reduction and bring those documents. Mr. Kuntzman stated one permit was applied for, Building A, and that was attempted for several weeks. The issue was that the Engineer did not want to unlock his plans, he feared if it became public information that someone would take his plans and reproduce them. The plans have recently been unlocked, so they can do plan review. He suggested having all the permit applications in 30 days. Mr. Zeilberger asked if there is any way to extend the date for two weeks from now to give them an opportunity to try to address the most pressing areas. Mr. Kuntzman would not have any issues with putting deadlines on all permits applied for and then having all the permits issued. Ms. Zalman commented that the suggestion is that all permits be applied for within 30 days. Mr. Kuntzman would suggest that because this is concrete restoration for recertification. Mr. Zeilberger stated he has been advised that all applications for the permits were uploaded and submitted to the City yesterday. Ms. Zalman mentioned that it looks like this Order would be agreeable that all permits are applied for within 30 days and permits must be issued to all buildings within 60 days. She asked about compliance of the work done. Mr. Kuntzman stated the building code cannot tell someone when they will finish, but they need to have the structural issues repaired immediately as far as the stairways because that is one of the items the Engineer said needed immediate repair. Ms. Zalman reiterated 30 days for all permits to be applied for and 60 days for all permits issued. She asked if they are putting in a deadline for completion of work. Mr. Kuntzman advised that he made an offer regarding recertification, but they turned it down because they did not want to go through the recertification program. This going to be done as a red tag on each of the buildings. Ms. Zalman asked how fast work can be done after permits are issued. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Mr. Kuntzman mentioned it is the information in the Engineer's report for the inspection on each building; those are the items that need to be repaired. Mr. Zeilberger does not know how long it will take as there are a lot of different variables. He questioned if there is a way to have some type of order they are talking about and then revisit this in 60 or 90 days. Ms. Zalman stated this order could be narrowed to 30 days for permits to be applied for and 60 days for permits to be issued. If there is any breach it is $500 per day. They could set a separate Hearing for compliance to happen as they get closer. Mr. Kuntzman advised if the Engineer can provide a repair plan and schedule for all buildings within 30 days, they can work with that. Ms. Zalman anticipates they will be called to another Hearing for a compliance date. Mr. Kuntzman stated the repair plan and schedule will tell them when each of the buildings will be done. Candice Stone, Community Standards Director, pointed out that this is still a compliance date and if they do not comply with what the Building Official is asking, daily fines will accrue. If they comply, they will come back to a Hearing and more time will be allowed.. Mr. Zeilberger understands the permits have been applied for. He questioned the turnaround for getting the permits issued. Mr. Kuntzman indicated that not every building is the same. From what the Engineering is telling him, there are balcony issues with some buildings, there are guardrail issues in some of the buildings, but they are not consistent with each building, each is different. That is the importance of the repair plan and schedule that the Engineer will provide. That will give a timeline when the work will start and be completed on each of the buildings. Ms. Zalman stated there will be a 30/30/60 order and she noted that administrative fees in the amount of $384.12 have accrued and must be paid. There will be a $500 fine per day for any default of the 30/30/60. Decision Due to evidence and testimony, Ms. Zalman ordered to apply for building permits for the work at: Catwalk and Stairs in Buildings 2002 and 2006, Catwalk, Guardrails, and Stairs in Buildings 2004, 2008, and 2014, Catwalk and Guardrails in Building 2000, 2012, and 2018, Catwalk, Exterior Wall, and Stairs in Building 201, Catwalk, Exterior Wall, and guardrails in Building 2016. Provide Engineer Structural Analysis Letter stating required repairs and other areas of concern by February 21, 2023. To have building permit issues Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 for the work and repairs Part II Code of Ordinance, Chapter 10 Property Maintenance Requirements, Section 10-56(a) General Requirements, Section 10-56(b) Exterior Property Areas Section and 10-56(d) Exterior Structure by March 23, 2023 or a fine of $500 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1115 Ruarte Adam Property Address: 215 NE 21St Avenue This case complied. Case Hearing Case No. 22-2055 Crossings Master Assn Inc. Property Address: 36 Crossings Circle Type of Property: Multi-Family Property Violation(s): COH CH 15 SEC 15-122B Please repair or replace roof throughout the property. Permit may be required. Contact Building Department at 561-742-6350 to inquire. Officer Guillaume presented this case, which was a citizen's complaint. The initial inspection date was July 21, 2022. This is not a repeat violator. Written Notice was issued with 60 days to comply. Service was signed by the Property Manager. The property was last inspected on January 11, 2023. The City recommends compliance by March 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Brad Banta, Treasurer of the Association, was present. Ms. Zalman indicated this has been pending since last summer and the City is suggesting a compliance date of March 23, 2023. She asked if they are in the process of repairs. Mr. Banta advised they have an insurance claim from Hurricane Irma that is pending, but they do not trust that will be timely. In October they got a line of credit of$6.9 million, and they are going to do the repairs on their own. They have a signed contract for Building #17 dated November 30, 2022. Ms. Zalman questioned when work is supposed to commence. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Mr. Banta stated Momar Buildings is ready to commence immediately. The permit was applied for over a month ago and it is expected the permit will be issued by Friday or sometime next week. The Board has taken it upon themselves to do one building first to make sure they are happy with the work. Momar Builders mainly does multi-million-dollar homes, so he is confident the work will be done properly. Once that is done the other 34 buildings will be done at once; there is a total of 35 buildings. Ms. Zalman asked if Mr. Banta had confirmation or any notes about the permit. Supervisor Pierre indicated they only applied for Building #17, just one building. Ms. Zalman thinks each permit will take a month to apply for. Mr. Banta stated they are going to apply for all the permits at one time. He noted that 34 buildings are identical, and one is slightly different. He does not expect the permitting process for the other buildings to take anywhere as long as the first one. They are also doing siding at the same time as the roofs and requested they be given six months to complete everything after the permit is issued. Officer Guillaume did not have a problem with six months. Ms. Zalman advised she was not going to do six months from the date the permit is issued, she is going to do six months from now. She needs a hard date for the purposes of an Order and thinks this will keep pressure on the contractors. Since there is no objection, the compliance date will be July 18, 2023. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18 20237 or a fine of$100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2216 Bosier Thomas L Property Address: 170 NE 28th Court Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1 D Please install sod in yard and swale. Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was August 8, 2022. This is not a repeat violator. Written Notice was issued with 30 days to comply. Certified mail was sent, and a signed green card was dated December 13, 2022. The property was last inspected on January 17, 2023. The Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 City recommends a compliance date of February 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Thomas Bosier, owner, was present. Ms. Zalman commented that a lot of sod is needed for the property, and she requested the status. The Respondent stated this is not the first time this happened. He did not get a sprinkler system, and he eventually stopped watering because of the high water bill, and the grass died. He seeded the yard and swale about three weeks ago, but it is not getting much water. He knows someone who knows how to do this, so he can get it done and then sod the property. He needs a little more time to work that out. Ms. Zalman extended the compliance date to April 15, 2023. If not in compliance by April 15, 2023, there will be a fine of $75 per day. She noted that administrative fees in the amount of$384.12 has accrued and an Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered an extended compliance date of April 15, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2225 Seacrest Villas Assoc Inc. Property Address: 1820 New Palm Way This case was removed for 90 days. Case Hearing Case No. 22-2443 Pier Luc & Pierre Marie H Property Address: 510 East Gateway Boulevard Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-7 COH CH 13 SEC 13-16 Please apply and pass inspection for a Business Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Contact 561-742-6350 to resolve. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Supervisor Pierre presented this case, which was a routine inspection. The initial inspection date was September 1, 2022. This is not a repeat violator. A Courtesy Notice was issued with 15 days to comply. Certified mail was sent, and a signed green card was dated December 17, 2022. The property was last inspected on January 17, 2023. The City recommends compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Luc Pierre, owner, was present. Ms. Zalman asked if all the violations are pending. Supervisor Pierre stated the only violation is the Business Tax Receipt. Ms. Zalman asked if the Respondent will be able to get the Business Tax Receipt by February 21, 2023. The Respondent indicated he has a pending insurance claim and he is waiting until the claim is approved before he makes repairs. He does not live in the house, but the people who live there are helping him with the mortgage. Ms. Zalman advised the Respondent must have a Business Tax Receipt because there are tenants. The Respondent requested the website or information he needs to apply for the Business Tax Receipt. Supervisor Pierre suggested the Respondent call the City's Business Tax Receipt Department at 561-742-6350. Ms. Zalman indicated the compliance date will be February 21, 2023; otherwise, there will be a fine of $100 per day. She noted that administrative fees in the amount of $384.12 has accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 21-0284 Jebodh Kevin T Property Address: 3112 South Seacrest Boulevard Type of Property: Single Family/Homesteaded Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Violation(s): COH CH 15 SEC 15-120E2B Please repair or replace damaged roof. Permit may be required. Contact Building Department at 561-742-6350 to apply. Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was February 1, 2021. This is not a repeat violator. A Courtesy Notice was issued on February 2, 2021, with 30 days to comply. Certified Mail was sent on November 22, 2022, and a green card was signed on December 13, 2022. The owner had been trying to work with his insurance company and multiple extensions have been given since 2021. They are working with an attorney trying to get the insurance company to do what they need to do, but as of this date, the roof is still in need of repair. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City is recommending compliance by February 21, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12. Kevin Jebodh, owner, was present. Ms. Zalman understands they are waiting on the insurance company, but unfortunately, the code issue continues to go forth. She asked if roof repairs have started. The Respondent replied roof repairs have not been approved. The date for mediation is February 27, 2023, the pre-trial motion is March 29, 2023, and the projected date of trial is May 3, 2023. Ms. Zalman questioned who the Respondent sued. The Respondent replied it is University Property and Casualty Insurance Company. Ms. Zalman indicated that the Respondent can tell his attorney about the damages and the code compliance issue and that fees are now accruing because of their delay. That can be discussed in the settlement as well. The City is recommending compliance by February 21, 2023. The Respondent requested a six-month extension since the trial date is not until May 3, 2023. Ms. Zalman stated she would not agree to that unless the City had no objections. Officer Karageorge indicated he did not have an objection of allowing more time and he suggested 180 days since this is in litigation. Candice Stone, Community Standards Director, advised they can do 120 days. The Respondent can come to the Hearing and provide the status of the case. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman extended the compliance date to May 18, 2023. The fine will be $75 per day for every day the violation is not in compliance. An Order will be sent via mail. She noted that administrative fees in the amount of$384.12 has accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered an extended compliance date of May 18, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-0125 Momperousse Emmanuel Property Address: 203 SE 26th Avenue Property Violation(s): As noted in Notice of Violation Officer Karageorge presented this case. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 20223, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1878 Saint Felix Carline Property Address: 2930 SE 2nd Street Property Violation(s): As noted in Notice of Violation Officer Karageorge presented this case. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of $75 per day plus administrative fees in the amount of$384.12. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2150 PAD Properties LLC Property Address: 186 SE 2nd Street Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2331 Naurelus Iglad A Property Address: 216 SW 5t" Avenue Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. This is not a health and safety hazard. The City recommends compliance by January 27, 2023, or a fine of$75 per day plus administrative fees in the amount of$384.12 or Abate by towing. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 As no one was present to testify, Ms. Zalman ordered a compliance date of January 27, 2023, or a fine of$75 per day, plus administrative fees of$384.12, or abate by towing. Case Hearing Case No. 22-2471 Filho Helio Ponce Property Address: 255 South Boulevard, A Type of Property: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain a hot water heater change out permit for hot water heater installed without permit. Officer Karageorge presented this case, which was a citizen's complaint. The initial inspection date was September 2, 2022. This is not a repeat violator. A Courtesy Notice was issued on September 27, 2022, with 21 days to comply. The property and City Hall were posted on January 6, 2023. He spoke with the Respondent and explained that he needed to get a licensed plumber to get the hot water heater change out permit, but as of this date, he has not done so. The permit history was checked this morning. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of$100 per day and administrative fees in the amount of$384.12. Ms. Zalman asked if this is a tenancy. Officer Karageorge replied the property is owner occupied. Ms. Zalman advised that the Respondent had until February 21, 2023, to obtain a permit. Helio Ponce, owner, was present. He stated he received notification in December and made an appointment with a plumber. Ms. Zalman reiterated that the Respondent has until February 21, 2023, to get a permit, but he has to apply. She noted that administrative fees in the amount of $384.12 has accrued and must be paid. If not in compliance by February 21, 2023, there will be a fine of$100 per day. Officer Karageorge indicated that a licensed plumber needs to get the permit, the Respondent cannot get it. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Case No. 22-2623 Woolley Thomas Jr & Patricia Property Address: 1982 SE 1St Circle Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. This is not a health and safety hazard. The City recommends compliance by February 21, 2023, or a fine of $100 per day plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No. 22-0566 Poirier Logan & Kierstin Property Address: 409 SW 8t" Avenue Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was September 21, 2022, and the Respondent appeared. A compliance date was set for November 30, 2022, or a fine of $50 per day plus administrative fees. The violation still exists. The property was last inspected on January 12, 2023. There are 49 days of noncompliance and the fine continues to accrue at $50 per day. As of this date, the fine is $2,450 plus administrative fees in the amount of$384.12, for a total of$2,834.12. Logan Poirier, owner, was present. Ms. Zalman explained this is a Fine Certification Hearing, which means she is trying to see where the fine is currently at. This is not a Lien Reduction Hearing. The Respondent stated he is on his third architect, and he signed a contract with the architect on December 16, 2022 to get the plans and permit. Ms. Zalman advised a Fine Certification will be ordered for $2,834.12. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $2,834.12, which includes administrative fees of$384.12. Fine Certification Hearing Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Case No. 22-0634 Geta Real Estate LLC Property Address: 301 SW 9t" Avenue Ms. Sablon advised that a gentleman was present for this case but he was not authorized to speak. Ms. Zalman understood the gentleman was not authorized to speak, but stated that he could listen to the Order and get back to the owner. Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing was on June 15, 2022, and the Respondent appeared. A compliance date was set for September 30, 2022, or a fine of $50 per day plus administrative fees. The violation still exists. The property was last inspected on January 12, 2023. There are 110 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $5,500 plus administrative fees in the amount of$384.12, for a total of$5,884.12. Ms. Zalman indicated she is going to enter an Order for$5,884.12 and noted that the fine is still accruing at $50 per day. An Order will be sent to the owner via mail. Decision As no one was present to testify, Ms. Zalman certified the fine for $5,884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0908 Souffrant Francois Jesula Property Address: 221 SW 4t" Street Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on November 16, 2022, and no one appeared. A compliance date of December 16, 2022, was set, or a fine of$75 per day plus administrative fees. The property was last inspected on January 13, 2023, and the violation still exists. There are 33 days of noncompliance and the fine continues to accrue at $75 per day. As of this date, the fine is $2,475 plus administrative fees in the amount of$384.12, for a total of$2,859.12. Francois Souffrant, owner, and his son, were present. Ms. Zalman indicated the violation still exists and is still accruing at $75 per day. She asked if the Respondent is working with the City or contractors to resolve this. The Respondent's son replied that they are working to get this resolved. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Officer Chevalier Bien-Aime stated the Respondent needed to get a permit to replace or remove the fence. He started removing the fence last week, Friday, and was not done. A check was conducted this morning and the fence was still not completely removed. A permit is needed to repair or replace the fence, but not to remove it; he is taking the fence down. Ms. Zalman requested that Officer Chevalier Bien-Aime explain to the Respondent that he will receive an Order in the amount of $2,859.12 and that a fine of $75 per day continues to accrue until the issue is resolved. She advised the Respondent to contact the City to stop the process once the fence is removed. Officer Chevalier Bien-Aime indicated that the Respondent has his number, and he knows he needs to take down the rest of the fence and will do so as quickly as possible, so the fines will stop. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$2,859.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1458 Celin Jameson & Roseline B Property Address: 302 SW 5t" Lane Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on September 21, 2022, and the Respondent appeared. A compliance date was set for November 21, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on January 12, 2023, and the violation still exists. There are 58 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $2,900 plus administrative fees in the amount of$384.12, for a total of$3,284.12. Roseline Celin, owner, was present. Ms. Zalman advised that an Order will be received via mail with the current fine of $3,284.12, and noted the fine is still accruing at$50 per day. She asked if the Respondent was close to getting this resolved. The Respondent stated she is waiting for the permit. She had to send an updated survey to the contractor because she was told the survey she provided was no good. Then something was not good, and the payment was sent back to the contractor. The application was finalized and sent today. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Officer Chevalier Bien-Aime indicated the permit was sent back with notes that they needed to fix things. Ms. Zalman commented that the permit was denied because some things needed to be fixed and the contractor is going to resubmit it. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $3,284.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-2009 Laxton Michael & Brook Property Address: 431 SW 1St Avenue Property Violation(s): As noted in Notice of Violation. Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on October 19, 2022, and no one appeared. A compliance date was set for November 7, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on December 19, 2022, and the violation complied on December 19, 2022. There are 42 days of noncompliance at $50 per day. As of this date, the fine is $2,100 plus administrative fees in the amount of$384.12, for a total of$2,484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $2,484.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2109 Boynton Partners LLC Property Address: 410 SW 1St Street Property Violation(s): As noted in Notice of Violation Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on November 16, 2022, and no one appeared. A compliance date was set for December 1, 2022, or a fine of $75 per day plus administrative fees. The violation still exists. The Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 property was last inspected on December 2, 2022. There are 48 days of noncompliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $3,600 plus administrative fees in the amount of$384.12, for a total of$3,984.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $3,984.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-2744 United Lynk LLC Property Address: 120 NW 9t" Court Officer Estime presented this case. The Special Magistrate Hearing was on September 21, 2022, and no one appeared. A compliance date was set for October 6, 2022, or a fine of $75 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 97 days of noncompliance and the fine continues to accrue at $75 per day. As of this date, the fine is $7,275 plus administrative fees in the amount of$384.12, for a total of$7,659.12. Jackson Robert, owner, was present. Ms. Zalman questioned the status. The Respondent stated they are almost finished and are waiting for review. He is hopeful this will be finalized today. Ms. Zalman advised the Respondent to contact the City immediately once this is completed. She mentioned a Lien Reduction Hearing and suggested he bring a timeline and whatever evidence he has. The Respondent indicated there were some delays with the contractors and the permit expediters. Ms. Zalman stated the Order will be for $7,659.12, and it will be sent via mail. Decision Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Due to evidence and testimony, Ms. Zalman certified the fine for $7,659.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1699 Davis Craig Jr Property Address: 541 NW 9th Avenue Property Violation(s): As noted in Notice of Violation. Officer Estime presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent appeared. A compliance date was set for November 10, 2022, or a fine of $75 per day plus administrative fees. The property was last inspected on January 5, 2023, and the violation has complied. There are 55 days of noncompliance at $75 per day. As of this date, the fine is $4,125 plus administrative fees in the amount of $384.12, for a total of$4,509.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $4,509.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1744 Jabr Kamal Property Address: 203 NE 11th Avenue Officer Estime presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent appeared. A compliance date was set for December 18, 2022, or a fine of $75 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation has complied. There are 23 days of noncompliance. As of this date, the fine is $1,725 plus administrative fees in the amount of$384.12, for a total of$2,109.12. Officer Estime noted that he sent Notices to this property and the only person to respond was the Respondent's brother, who is not the property owner. Officer Estime was unaware this was not the property owner. Calim Jabr, the Respondent's brother, was present. Ms. Zalman advised since Mr. Jabr is not the owner, he cannot testify. In order to speak, the Respondent must give him a signed affidavit if he is going to speak for him. All he can do at this point is listen to the Order that is going to be issued. This matter is closed; the Page 34 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Respondent complied with all the violations. The fine that accrued is $2,109.12. If the Respondent feels this took too long, he can apply for a Lien Reduction Hearing. Officer Estime sent Notices and the Respondent's brother was the only one who contacted him. He was unaware of this until Friday. The Respondent contacted him and said he owns the property, and he handled the permits and everything for his brother. Ms. Zalman indicated this is a certification of a fine, this is not a Lien Reduction Hearing. If they want to come back for a Lien Reduction Hearing he can tell his brother. An Order will be sent via mail for $2,109.12, and the matter is now closed. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$2,109.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-2352 Advenir@La Costa LLC Property Address: 10101 Mahogany Drive Officer Estime presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent's representative appeared. A compliance date was set for December 15, 2022, or a fine of$100 per day plus administrative fees. The property was last inspected on January 12, 2023, and the violation was complied. There are 27 days of noncompliance at $100 per day. As of this date, the fine is $2,700 plus administrative fees in the amount of$384.12, for a total of$3,084.12. Dan Carson, owner, was present. Ms. Zalman commented that the Respondent complied quickly. She asked if the 27 days was in the permit process. The Respondent stated that the letter the City requested to determine whether it needed to be permitted or not was received and submitted on December 9, 2022. Through emails with John Kuntzman, Building Official, he determined that it did indeed need a permit pulled. They applied for the permit on December 13, 2022, with the intent that the permit would be approved. He showed Mr. Kuntzman the paperwork and he agreed to the repair; however, the actual permit was not approved until January 10, 2023. He believes the issue was that some wrong permit numbers were looked at and they ended up having a permit pulled for a lady's driveway on the other side of town. Page 35 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman questioned when the fine started accruing. Officer Estime replied that the fine started accruing on December 16, 2022. Ms. Zalman noted that the permit was already submitted when the fine started accruing. She asked if the City objects to an extension of the compliance date. Officer Estime indicated he did not have any objections to an extension of the compliance date. Ms. Zalman clarified that the fine started accruing on December 16, 2022, and the permit was submitted on December 13, 2022, and it was approved. On December 13, 2022, the permit was submitted after a meeting with John Kuntzman, with anticipation for immediate approval. On December 16, 2022, the fine started accruing at $100 per day, and it was approved on January 11, 2023. There were 27 days of a fine accrual while it was in the permit process. She asked if the City objects to extending the compliance date to January 11, 2023. Supervisor Pierre replied he did not object. Ms. Zalman advised that administrative fees in the amount of $384.12 has accrued and must be paid and the compliance date will be extended through January 11, 2023. Decision Due to evidence and testimony, Ms. Zalman certified the fine for administrative fees in the amount of$384.12 and extended the compliance date to January 11, 2023. Fine Certification Hearing Case No. 22-0213 Kalafa Huseyin U Property Address: 7 Rogart Circle Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. The Special Magistrate Hearing was on August 17, 2022, and the Respondent appeared. A compliance date was set for September 16, 2022, or a fine of$50 per day plus administrative fees. The property was last inspected on January 9, 2023, and the violation has complied. There are 115 days of noncompliance. As of this date, the fine is $5,750 plus administrative fees in the amount of $384.12, for a total of $6,134.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 36 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Decision As no one was present to testify, Ms. Zalman certified the fine for $6,134.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1132 1950 Congress Ave LLC Property Address: 815 West Boynton Beach Boulevard This case was tabled for 30 days. Fine Certification Hearing Case No. 22-1420 Trach John F & June F Property Address: 302 Glen Arbor Terrace Officer Hill presented this case. The Special Magistrate Hearing was on September 21, 2022, and the Respondent appeared. A compliance date was set for December 5, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on January 17, 2023, and the violation has complied. There are 43 days of noncompliance. As of this date, the fine is $2,150 plus administrative fees in the amount of$384.12, for a total of$2,534.12. June Trach, owner, was present. Ms. Zalman indicated there is a fine of$2,534.12 and the violation is complied. The Respondent stated she paid the $384.12 at least two months ago. Ms. Zalman advised for one violation there are administrative fees in the amount of $384.12 due. The fine without the $384.12 is $2,150, so an Order will be sent via mail for $2,150. Unless there is evidence that it was in permit review the entire time, she can pay this fine and do a Lien Reduction Hearing at a later date. The Respondent stated this was a rental and they just got the eviction, which took four and a half months to get. The tenant just left last week. Ms. Zalman mentioned that is good evidence to bring to a Lien Reduction Hearing. Decision Page 37 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Due to evidence and testimony, Ms. Zalman certified the fine for $2,150. Administrative fees of$384.12 were paid two months ago. Fine Certification Hearing Case No. 22-0210 Schlesinger Lidor Property Address: 210 SE 4th Avenue, #2 This case was removed for 30 days. Fine Certification Hearing Case No. 22-1008 Luchey Andrew & Gain Property Address: 2212 SE 4th Street Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. The Notice of Violation date was on April 14, 2022. The Special Magistrate Hearing was on July 20, 2022, and the Respondent appeared. A compliance date was set for September 12, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on October 21, 2022, and the violation complied on that date. There are 39 days of noncompliance, and the fine has stopped at $50 per day. As of this date, the fine is $1,950 plus administrative fees in the amount of$384.12, for a total of$2,334.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $2,334.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1140 Harvest Residential II LLC Property Address: 2303 South Federal Highway #5 This case was removed for 30 days. Fine Certification Hearing Case No. 22-1448 Nervel Nirva Property Address: 315 SW 12th Avenue Property Violation(s): As noted in Notice of Violation. Page 38 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Officer Weixler presented this case. The Notice of Violation date was May 31, 2022. The Special Magistrate Hearing was on September 21, 2022, and the Respondent did not appear. A compliance date was set for October 3, 2022, or a fine of $100 per day plus administrative fees. As of January 18, 2023, the violation still exists. There are 107 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $10,700 plus administrative fees in the amount of$384.12, for a total of$11,084.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $11,084.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1557 Modica Michael L & Susan K Property Address: 1005 SE 4t" Street Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. The Notice of Violation date was June 9, 2022. The Special Magistrate Hearing was on October 19, 2022, and the Respondent did not appear. A compliance date was set for November 18, 2022, or a fine of$100 per day plus administrative fees. As of January 18, 2023, the violation still exists. The property was last inspected on January 17, 2023. There are 61 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $6,100 plus administrative fees in the amount of$384.12, for a total of$6,484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,484.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1841 Corbas Company LLC Page 39 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Address: 2303 South Federal Highway, #22 Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. The Notice of Violation date was June 30, 2020. The Special Magistrate Hearing was on October 19, 2022, and no one appeared. A compliance date was set for November 18, 2022, or a fine of $100 per day plus administrative fees. As of January 18, 2023, the violation still exists. There are 61 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $6,100 plus administrative fees in the amount of$384.12, for a total of$6,484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,484.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1845 Calali LLC Property Address: 2309 South Federal Highway, #8 Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. The Notice of Violation date was June 30, 2022. The Special Magistrate Hearing was on October 19, 2022, and the Respondent did not appear. A compliance date was set for November 18, 2022, or a fine of$100 per day plus administrative fees. As of January 18, 2023, the violation still exists. There are 61 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $6,100 plus administrative fees in the amount of$384.12, for a total of$6,484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,484.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-3276 Pierre Cathy & Jodens Property Address: 227 SW 2nd Avenue Page 40 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Violation(s): As noted in Notice of Violation. Officer Guillaume presented this case. The Special Magistrate Hearing was on October 19, 2022, and no one appeared. A compliance date was set for November 18, 2022, or a fine of$100 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $6,000 plus administrative fees in the amount of$384.12, for a total of$6,384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,384.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0298 Crossings Master Assn Inc. Property Address: 36 Crossings Circle Officer Guillaume presented this case. The Special Magistrate Hearing was on November 16, 2022, and the Respondent appeared. A compliance date was set for December 16, 2022, or a fine of$250 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 32 days of noncompliance, and the fine continues to accrue at $250 per day. As of this date, the fine is $8,000 plus administrative fees in the amount of$384.12, for a total of$8,384.12. Joe Fauti, Board member, was present. Ms. Zalman questioned the status. Mr. Fauti advised they are still trying to get the permit done. He checked with the contractor yesterday, who said the Engineer was uploading the corrected digitally signed and sealed Inspector form. Ms. Zalman asked what work is being conducted. Mr. Fauti replied the stairs and the deck. Page 41 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman suggested Mr. Fauti keep track of the evidence and documentation. The fine is currently $8,384.12 and the fine is still accruing at $250 per day. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$8,384.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1091 Reddy Niranjan B & Anitha Property Address: 646 Lakeside Harbor Officer Guillaume presented this case. The Special Magistrate Hearing was on August 17, 2022, and the Respondent appeared. A compliance date was set for December 16, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on December 30, 2022, and the violation has complied. There are 14 days of noncompliance, at $50 per day. As of this date, the fine is $700 plus administrative fees in the amount of$384.12, for a total of$1,084.12. Reddy Niranjan, owner, was present. Ms. Zalman indicated a fine of $1,084.12 is being certified today. An Order will be sent via mail. The Respondent questioned if there could be a Lien Reduction. Ms. Zalman stated that is a separate Hearing. Candice Stone, Community Standards Director, advised the reason the City is opposed to extending it on this case is because the Building Official has gone back and forth with the contractor and homeowner. They refused to do the comments the Building Official was saying they needed to do and that is where the delay was. If they had listened to the Building Official the first or second time, there would not have been a delay in compliance; it is really on the contractor. The Respondent stated the permit was approved before the date, but it took a long time to get the inspection because the contractor had COVID. Ms. Zalman indicated that would be an argument for a Lien Reduction. Ms. Stone commented that the way it was cited, they needed to complete the work, not just issue a permit. They did work outside of the permit, so their Order was to finish the permit and complete the work and get it finalized. Page 42 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 The Respondent stated it took a long time because the contractor had to reopen the case for the inspection, and she waited and no one showed up. She was then told there was a fee that the contractor did not pay, so she paid the fee and finally there was an inspection. Ms. Zalman asked when the daily fine started to accrue. Officer Guillaume replied the fine started to accrue on December 16, 2022. The Respondent stated she was approved on December 13, 2022. Officer Guillaume commented she was approved on December 30, 2022. Ms. Stone clarified that the permit was approved and issued, but it was not finalized until December 30, 2022, which is what the Order is dated. Ms. Zalman indicated they have between December 13, 2022 and December 30, 2022, and the Respondent is stating that she was waiting for an inspector. The Respondent advised she called and asked for an inspection and was told it had to be done through the contractor. Her contractor had COVID and he had to do the paperwork to get it done, which took a while. After the contractor did the paperwork, he did not want to pay the fee for the inspection. Ms. Zalman commented that the Respondent is testifying that on December 13, 2022 the work was done and she was ready for the inspection. The Respondent agreed. Supervisor Pierre thinks the reason the City could not do the inspection was because the permit was expired. The Respondent stated they had to reopen the permit and pay the fee. Ms. Zalman indicated she did not understand how the permit was expired if it was issued on December 13, 2022. The Respondent is saying everything was done on December 13, 2022, and there was no accrual date. Officer Guillaume recalled that they complied with everything on December 30, 2022. Ms. Stone indicated she has been involved with this with the Building Official and that is why she has a lot of knowledge about this. The problem is that the contractor was refusing to lower the fence. They failed an inspection once and the permit expired twice, and it missed the compliance date because the contractor refused to lower the fence. Page 43 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman stated the City is testifying that after December 13, 2022, the inspection could not be done because the contractor was causing the delay, not because of COVID, but because he would not make changes in order to finalize for the inspection. Ms. Stone advised it was the physical changes to get the final, so it would pass. Ms. Zalman cannot assume the permit was approved if the City is not in agreement. There are two different testimonies. She is going to certify the fine and if the Respondent wants to come back for a Lien Reduction and present the evidence mentioned. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,084.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1654 Alfred Fenndo Property Address: 245 NW 28th Avenue Property Violation(s): As noted in Notice of Violation. Officer Guillaume presented this case. The Special Magistrate Hearing was on October 19, 2022, and no one appeared. A compliance date was set for November 18, 2022, or a fine of$100 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $6,000 plus administrative fees in the amount of$384.12, for a total of$6,384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,384.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1908 Lariviere Alfred Property Address: 2116 NE 3rd Street Officer Guillaume presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent did not appear. A compliance date was set for November 18, 2022, or a fine of $100 per day plus administrative fees. The property was last Page 44 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 inspected on December 22, 2022, and the violation has complied. There are 32 days of noncompliance at $100 per day. As of this date, the fine is $3,200 plus administrative fees in the amount of$384.12, for a total of$3,584.12. Alfred Lariviere, owner, was present. Ms. Zalman indicated that the fine that is being certified is $3,584.12. The case complied and is closed. The Respondent stated he is looking to have a Fine Reduction. Ms. Zalman advised the Respondent to contact the City and apply for a Lien Reduction Hearing. She suggested he bring evidence as to why it took 32 days to bring this into compliance. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$3,584.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1920 Laudano Nick Property Address: 638 Shore Drive Property Violation(s): As noted in Notice of Violation. Officer Guillaume presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent appeared. A compliance date was set for December 18, 2022, or a fine of$100 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 30 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $3,000 plus administrative fees in the amount of$384.12, for a total of$3,384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $3,384.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1938 Designs by Stephanie O LLC Page 45 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Address: 124 SW 12th Avenue Property Violation(s): As noted in Notice of Violation. Officer Guillaume presented this case. The Special Magistrate Hearing was on October 19, 2022, and no one appeared. A compliance date was set for November 18, 2022, or a fine of$50 per day plus administrative fees. The property was last inspected on January 11, 2023, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees in the amount of$384.12, for a total of$3,384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $3,384.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2750 Creegan Jeffrey M Property Address: 111 SE 31St Avenue Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. The Special Magistrate Hearing was on June 15, 2022, and no one appeared. A compliance date was set for August 1, 2022, or a fine of $50 per day plus administrative fees. The property complied on August 12, 2022. There are 126 days of noncompliance, at $50 per day. As of this date, the fine is $6,300 plus administrative fees in the amount of$384.12, for a total of$6,684.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $6,684.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0209 Hoofnagle Brian Property Address: 902 Mission Hill Road Page 46 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. The Special Magistrate Hearing was on June 15, 2022, and no one appeared. A compliance date was set for August 1, 2022, or a fine of $50 per day plus administrative fees. The property was last inspected on January 17, 2023, and the violation still exists. There are 169 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $8,450 plus administrative fees in the amount of$384.12, for a total of$8,834.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $8,834.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0711 Chery Miriam L Property Address: 3240 SE 2nd Street Property Violation(s): As noted in Notice of Violation. Officer Karageorge presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent appeared. A compliance date was set for November 18, 2022, or a fine of$50 per day plus administrative fees. The date complied was December 13, 2022. There are 24 days of noncompliance, at $50 per day. As of this date, the fine is $1,200 plus administrative fees in the amount of$384.12, for a total of$1,584.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine for $1,584.12, which includes administrative fees in the amount of$384.12. Lien Reduction Hearing Case No. 04-0350 Earnestine Waters Property Address: 160 NE 19th Avenue Page 47 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Property Violation(s): Code sections as stated below. Supervisor Pierre presented this case. The Notice of Violation date was February 26, 2024. The Special Magistrate Hearing was on April 21, 2004, and no one appeared. A compliance date was set for March 21, 2004, or a fine of$100 per day plus administrative fees. The Respondent complied on June 19, 2008. There are 1,189 days of noncompliance at $100 per day. As of this date, the fine is $148,900 plus administrative fees in the amount of $384.12, for a total of $149,284.12. Because this case and Case No. 04-0350 were cited for the same violations, the City is requesting no fine for Case No. 06-0099, and they will deal with Case No. 04-0350. Ms. Zalman indicated the larger fine was $204,000, which is gone. Howard Brown, owner, was present. Ms. Zalman commented that Mr. Brown is not the named property owner and she asked if he recently received or inherited this property. Mr. Brown stated he was added to the property in 2009. He noted that Ernestine Waters is his Aunt. Ms. Zalman questioned the goal, if they want to sell the property, remove the lien, or what. Mr. Brown indicated he was in the process of selling the property and when a Lien Search was done it showed a lien with the City from 2004. Ms. Zalman asked what the sale price was. Mr. Brown replied the sale price is $189,000. Ms. Zalman commented that the lien is most of the sale price, so it has to be resolved to sell the property. She questioned if this was a tenancy like a landlord/tenant property, investment property, or if his Aunt was living there. Mr. Brown advised that his Aunt was living there, then she moved out and her boyfriend is staying there. His Aunt passed away in 2016. Ms. Zalman mentioned that the property was a Homestead and Mr. Brown has inherited the property. The recommendation from the City is 15%, which is $22,335, plus administrative fees in the amount of$730.15. Mr. Brown requested the fine be reduced drastically and noted that the lien has been in place for 19 years. Someone in Code Enforcement should review the files and not wait; Page 48 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 it should be addressed every five years. He had no idea there was a lien or he would have paid it in 2009. Ms. Zalman stated this case went through the process when his Aunt was living there and once the lien was done, the file when into City records and there were no more Hearings; it was closed. Supervisor Pierre advised that the case complied in 2008; therefore, the fine stopped running at that time. It is the amount of the fine that accumulated. Ms. Zalman indicated Mr. Brown's testimony is that he is seeking a reduction so he can sell the property. Mr. Brown stated he was hoping the fine will be reduced to administrative fees or at least a couple thousand dollars plus administrative fees. Ms. Stone suggested going off the value of the home; 15% off of that because they can take consideration of that. Ms. Zalman advised the value of the sales price is $189,000, but she did not know what the appraisal was, which is higher than the lien. The City is suggesting taking 15% off the sales price. Mr. Brown requested the fine be reduced to $5,000. Ms. Stone clarified it would be $5,000 plus administrative fees. Supervisor Pierre indicated the City would accept $5,000 plus administrative fees. Ms. Zalman advised the total fine would be $5,730.15. She noted if the fine is not paid within 90 days it reverts to the total. Ms. Stone asked if Mr. Brown has a closing date. Mr. Brown stated the closing date is contingent upon this Hearing, so they will probably be closing within the next 30 days. Ms. Stone indicated a letter can be provided stating the outcome of the Hearing. Mr. Brown stated he would definitely want a letter. Ms. Stone advised the City will contact him. Decision Page 49 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Due to evidence and testimony, Ms. Zalman certified the fine of$5,730.15, which includes administrative fees in the amount of $730.15. This fine is payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing Case No. 06-0099 Waters Earnestine Property Address: 160 NE 19th Avenue Property Violation(s): Code sections as stated below. Supervisor Pierre presented this case. The Notice of Violation date was January 19, 2006. The Special Magistrate Hearing was on March 15, 2006, and no none appeared. A compliance date was set for March 25, 2006, or a fine of$250 per day plus administrative fees. The Respondent complied on June 19, 2008. There are 816 days of noncompliance. As of this date, the fine is $204,000 plus administrative fees. Because this case and Case No. 04-0350 were cited for the same violations, the City is requesting no fine for Case No. 06-0099, and they will deal with Case No. 04-0350. Ms. Zalman advised that she will reduce the fine to $0.00 since it is a duplicate to Case No. 04-0350. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $0.00 since it is a duplicate to Case No. 04-0350. Lien Reduction Hearing Case No. 15-0593 Robert 2014 LLC Property Address: 220 NE 3rd Court Property Violation(s): Code sections as stated below. Supervisor Pierre presented this case. The Notice of Violation date was March 17, 2015. The Special Magistrate Hearing was on June 15, 2015, and no one appeared. A compliance date was set for July 2, 2015, or a fine of $150 per day plus administrative fees. The Respondent complied on November 1, 2016. There are 487 days of noncompliance at $150 per day. As of this date, the fine is $73,050 plus administrative fees in the amount of$634.12. Sydney Vess, owner, was present. Ms. Zalman indicated the fine is $73,050 plus administrative fees in the amount of $634.12. The City's recommendation is a 15% reduction, which is $10,957.50. Page 50 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Mr. Vess stated they understand it is their fault; it took a long time to take care of everything. They spent a lot of money to get the house in compliance between evicting the original tenant and treating the house. Ms. Zalman asked if they used an attorney to evict the tenant. Mr. Vess replied yes, they used an eviction law firm. They treated the house for termites and had to pull permits for the rafters outside. In doing that, they found out that the air conditioning unit was on the roof, so they had to pull permits to replace the air conditioning unit, then they had to do the yard a couple times because the tenant was not taking care of it. There was also an issue with the fence. They have put over$20,000 into the property and are hoping that will reduce the 15% the City is asking. Ms. Zalman has sympathy when there is a tenancy there because it prevents full access from complying. She agrees there should be mitigating factors there. Mr. Vess stated while replacing the air conditioning unit and rafters, the tenants could not live there, so they had to get a hotel for them. Ms. Zalman questioned the goal for the property and if they are going to sell or re-rent. Mr. Vess indicated they had a tenant there for a couple years, who is great and they do not want to put her out. They love the house and want to keep it, but they do not want to be a problem property for the City. They understand they are going to be penalized and that they did something wrong, but they are hoping to reduce the amount. Ms. Zalman City recommends $10,957.50. Mr. Vess requested $5,000 plus administrative fees. Ms. Zalman stated it will not be $5,000 because this is not a Homestead property. Supervisor Pierre advised the City will stay with the 15%. Ms. Zalman questioned what the $20,000 was applied to. Mr. Vess clarified they spent $21,103.74 on the eviction, the yard, fence repairs, replacement of the air conditioning unit and all the permits, rafters, and the roof. They had to get screens for all the windows, smoke detectors, etc. Ms. Zalman is trying to take that into consideration to reduce the lien and then take a percentage off that, which puts her between 10% and 11%, at $7,980. Mr. Vess asked if they could do $7,000 plus administrative costs. Page 51 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Ms. Zalman advised she would do $7,305, which is 10% of the original lien, plus administrative costs in the amount of$634.12. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $7,305, plus administrative fees in the amount of $634.12. This fine is payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing Case No. 20-2584 Kron Sandi Property Address: 2083 SW 13th Terrace Property Violation(s): Cited sections as stated below. Supervisor Pierre presented this case. The Notice of Violation date was August 10, 2020. The Special Magistrate Hearing was on August 20, 2021, and the Respondent appeared. A compliance date was set for December 20, 2021, or a fine of $50 per day plus administrative fees. The Respondent complied on November 28, 2022. There are 342 days of noncompliance at $50 per day. As of this date, the fine is $17,100 plus administrative fees in the amount of$384.12, for a total of$17,484.12. Jason Dennis, son, and Sandi Kron, owner, were present. Ms. Zalman indicated the fine is $17,100 plus administrative fees in the amount of $384.12. The City is recommending a 10% reduction, which would be $1,710 plus administrative fees in the amount of$384.12. Mr. Dennis stated that he would have had comments, but based on the reduction, he felt it was more than fair. He thanked Supervisor Pierre and Officer Weixler for their help. Ms. Zalman advised the total including administrative fees is $2,094.12. Mr. Dennis asked how to get something sooner than later to present to the title company, who is currently holding $18,000. Ms. Zalman questioned who Mr. Dennis is currently in contact with at the City. Mr. Dennis stated his last correspondence was with Supervisor Pierre. Ms. Zalman suggested Mr. Dennis provide his email to Ms. Sablon, so she can send an email advising what happened at the Hearing and the amount, so the title company has evidence because it takes a while to get the actual Order in public records. Page 52 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 Decision Due to evidence and testimony, Ms. Zalman certified the fine of$2,094.12, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing Case No. 21-0893 Sierra Andy & Maribel Property Address: 86 Cedar Lane Type of Property: Cited sections as stated below. Supervisor Pierre presented this case. The Notice of Violation date was April 6, 2021. The Special Magistrate Hearing date was February 16, 2022, and no one appeared. A compliance date was set for March 18, 2022, or a fine of$25 per day plus administrative fees. The Respondent complied on December 21, 2022. There are 278 days of noncompliance. As of this date, the fine is $6,950 plus administrative fees in the amount of$384.12, for a total of$7334.12. Andy Sierra, owner, was present. Ms. Zalman indicated the lien is $6,950 and administrative fees are $384.12. The City is recommending a 10% reduction, which is $695 plus administrative fees in the amount of $384.12. Mr. Sierra had no objection. Ms. Zalman advised the total will be $1,079.12. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,079.12, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing Case No. 21-1565 Pena Melba Property Address: 87 Cedar Lane Property Violation(s): Cited sections as stated below. Supervisor Pierre presented this case. The Notice of Violation was on June 23, 2021. The Special Magistrate Hearing was on December 15, 2021, and the Respondent appeared. Page 53 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 18, 2023 A compliance date was set for January 31, 2022, or a fine of $25 per day plus administrative fees. The Respondent complied on December 19, 2022. There are 321 days of noncompliance. As of this date, the fine is $8,025 plus administrative fees in the amount of$384.12, for a total of$8,409.12. Melba Pena, owner, was present. Ms. Zalman indicated that it appears the fine was accruing for almost a year and went up to $8,025 plus administrative fees in the amount of$384.12. The City is recommending a 10% reduction, which is $802.50 plus administrative fees in the amount of$384.12, for a total of$1,186.62. Ms. Pena thanked Supervisor Pierre for his help. The reason it took so long is because the permit process took forever. They built an above-ground pool without a permit during the pandemic and her neighbors reported it. She was not aware that a permit was required and started the process as soon as she received a letter from the City. She lost her job in January 2020, so she requested an additional reduction of$300. Ms. Zalman clarified that Ms. Pena was requesting the fine be $500 plus administrative fees and noted that she had no objection. Supervisor Pierre stated he was fine with the request. Ms. Zalman asked if this is Ms. Pena's Homestead. She also asked about her job situation. Ms. Pena replied yes, she has been there four years in March; this is her first home. She is still unemployed. They opened a plumbing company, which they run out of the home, but her husband is the only one collecting a paycheck at the time. Ms. Zalman advised there will be a $350 reduction; she reduced the fine to $350 plus administrative fees in the amount of$384.12, for a total of$734.12. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$734.12, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. V. ADJOURNMENT Ms. Zalman concluded the hearing at 12:29 p.m. [Minutes by C. Guifarro, Prototype Inc.] Page 54