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Minutes 02-15-23 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, FEBRUARY 15, 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 Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:013 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 1 22-1632 Complied 3 22-2234 Closed 5 22-2658 Complied 10 23-0064 Complied 12 23-0361 Complied 25 22-1614 Removed 26 22-2241 Complied 32 22-2874 Complied 35 23-0079 Complied 36 22-2805 Complied 40 22-0895 Tabled 30 days 45 22-0338 Tabled 30 days Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 IV. NEW BUSINESS Case Hearing Case No. 22-1632 Marinakis Alyse D. Property Address: 225 SW 8t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-2028 Golden Realty LLC Property Address: 389 Winchester Park Blvd. Property Violation(s): LDR CH 4 ART 111 SEC 11 Please repair/replace non-working parking lot light on north side of the parking lot. LDR CH 4 ART 4 SEC 4810C Please repair, replace, restore illuminated Golden Corral sign to full working order located on the east side of the building. Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection was on July 14, 2022. This is not a repeat violator. Courtesy Notice was issued on July 28, 2022, with 15 days to comply. Certified mail was sent on December 30, 2022, and a signed green card was dated January 13, 2023. There have not been any attempts by the Respondent to contact the Community Standards Department regarding these violations. The property was last inspected on February 9, 2023. This is a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Kevin Trodder was present on behalf of the applicant, and he submitted an Authorization of Agent form. Ms. Zalman asked if the signage light is still out. Officer Chevalier Bien-Aime replied correct, as of February 9, 2023. Ms. Zalman questioned the status of getting this done. The City recommends until March 6, 2023 for repairs. Mr. Trodder advised everything will be repaired by March 6, 2023. The sign that is out is current and the original sign that was out was repaired. The parts were ordered for the other light. They are changing the parking lots over to LED lights, so there will no longer be an issue with the bulbs. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman stated an Order will be received in the amount of $384.12, giving them until March 6, 2023 to comply; otherwise, the fine is $150 per day. As of this date, administrative fees in the amount of$384.12 has accrued, which must be paid. Once the violations are brought into compliance, be sure to stay in touch with the Code Compliance Officer to make sure it is marked, so there is no fine. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 6, 20237 or a fine of$150 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2234 Naurelus (glad Property Address: 238 SW 5t" Avenue This case was closed prior to the Hearing. Case Hearing Case No. 22-3070 SFR XII NM Miami Owner 1 LP Property Address: 319 SW 9t" Avenue Property Violation(s): COH CH 15 SEC 15-120D1A Please remove all outside storage from front yard and carport. LDR CH 2 ART 4 SEC 2A2 Please obtain permits for all unpermitted work being done including front door change out. Contact Building Department at 561-742-6350 to resolve. Officer Chevalier Bien-Aime presented this case, which was a routine inspection. Initial inspection was on November 22, 2022. This is not a repeat violator. Written Notice was issued on November 29, 2022, with 30 days to comply. Certified Mail was sent on January 47 2023, and a signed green card was dated January 20, 2023. There have not been any attempts by the Respondent to contact the Community Standards Department regarding these violations. The property was last inspected on February 8, 2023. This is not a health and safety hazard. The City recommends compliance by March 21, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Steven Pacheco, Director of Project Coordination for Tyra Capital Group,the parent company of SFR NM Miami, was present. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman indicated work is being done here and there is some storage. The City is recommending until March 21, 2023 to get the storage removed and apply for permitting. She asked if that would work with his schedule. Mr. Pacheco replied yes. Ms. Zalman stated an Order will be received in the amount of$384.12. If not in compliance by March 21, 2023, a fine of$100 per day will accrue. As of this date, administrative fees in the amount of$384.12 have accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 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. 22-2658 KBMK Global Investment Funding Property Address: 212 NE 7t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-2867 Lindsey Samuel Middleton Property Address: 1200 NW 1St Street Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1A Please remove all outside storage, trash, and debris on property. COH CH 15 SEC 15-120D1 B Remove overgrowth on fence. COH CH 10 SEC 10-56D Please pressure clean hurricane shutters. Officer Estime presented this case, which was a routine inspection. The initial inspection was on October 17, 2022. This is not a repeat violator. A Courtesy Notice was issued on October 19, 2022, with 21 days to comply. A signed green card was dated January 3, 2023. No one has reached out regarding the violations. The property was last inspected on February 13, 2023. This is not a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Herb Lindsey, owner, was present. Ms. Zalman mentioned overgrowth on the fence and asked if that is where there are plants. Officer Estime stated there is another one. Ms. Zalman indicated there are a few things that need to be done. The City is recommended until March 6, 2023 to get this done; otherwise, there will be a fine of$75 per day. She questioned the status. Mr. Lindsey requested an extension of two or three weeks. He already has quotes for tree removal. Ms. Zalman asked if Officer Estime had an objection to the extension. Officer Estime replied he did not have an objection. Ms. Zalman did not have a problem with an extension and moved the date to March 20, 2023. As of this date, administrative fees in the amount of$384.12 has accrued. An Order will be received in the amount of $384.12, which must be paid. If not in compliance by March 20, 2023, a fine in the amount of$75 per day will accrue. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 20, 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. 22-2970 Wright Anthony Sr Property Address: 1210 NW 1 st Street Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 10 SEC 10-2 Please remove Florida Holly tree from property. Officer Estime presented this case, which was a citizen's complaint. The initial inspection was October 28, 2022. A Courtesy Notice was issued on October 31, 2022, with 21 days to comply. The property and City Hall were posted on February 3, 2023. The property was last inspected on February 6, 2023. This is not a health and safety hazard. The City recommends compliance by March 21, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 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 March 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2985 FKH SFR Propco J LP Property Address: 529 NW 11th Avenue Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-7 Inclusive COU COH CH 13 SEC 13-16 Business Tax Receipt. COH CH 15 SEC 15-120131 Please trim trees extending over the right-of-way. Officer Estime presented this case, which was a routine inspection. The initial inspection was on November 3, 2022. This is not a repeat violator. A Courtesy Notice was issued on November 7, 2022, with 21 days to comply. A signed green card was dated January 20, 2023. The property was last inspected on February 10, 2023. This is not a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Donovan Hines, Compliance Coordinator for First Key Homes, a subsidiary of FKH, was present. Ms. Zalman advised Mr. Hines that he needed an Authorization Agent Form to speak; therefore, he could not testify, but he could listen. Officer Estime indicated he is going to meet with Mr. Hines after the Hearing to get the application for the rental license. Once that is applied for and the fees are paid, he will schedule an inspection and will be in compliance. Ms. Zalman agreed with the recommendation for March 6, 2023, to get the Business Tax Receipt and trim trees. An Order will be issued with a March 6, 2023 compliance date; otherwise, a fine of $75 per day will accrue. As of this date, administrative fees in the amount of$384.12 have accrued and must be paid. She asked if the Respondent applies now if a Business Tax Receipt can be issued by March 6, 2023. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Officer Estime replied that as soon as the inspection is passed and the rental license is switched to active status, he can comply the case. It is a matter of the Respondent applying as soon as possible. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 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. 22-3239 Po Ying Sem Trust Property Address: 621 NW 2nd Street Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Estime presented this case. Initial Notice was issued on December 14, 2022. Written Notice was given, with 14 days to comply. The property was posted on February 3, 2023. The property was last inspected on February 7, 2023. This is a repeat offender based on Case No. 22-2425. This is not a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of $250 per day, plus administrative fees in the amount of$384.12. Ms. Zalman questioned why this is not a Fine Certification since it has complied before. Officer Estime indicated he is using the Order to validate that this is a repeat offender. Ms. Zalman remembered the Respondent from the other Hearing. She 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 March 6, 2023, or a fine of$250 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0064 My FICI Group LLC Property Address: 312 NW 11th Avenue This case complied prior to the Hearing. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 23-0166 Himmelbaum Justin Property Address: 510 NW 11th Avenue Type of Property: Multi-Family Property Violation(s): As noted in Notice of Violation Officer Estime presented this case. This is not a repeat offender. Initial Notice was issued on January 26, 2023. Written Notice was issued, with five days to comply. The property was posted on February 7, 2023. The property was last inspected on February 13, 2023. This is a health and safety hazard. The City recommends compliance by February 24, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Ms. Zalman questioned the health and safety issue. Officer Estime stated the unit has no water. 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 24, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0361 Head Lillie Q & Randell Jr Property Address: 212 NE 12th Avenue This case complied prior to the Hearing. Case Hearing Case No. 21-1188 Davis Stanley D Property Address: 832 NW 8th Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): As noted in Notice of Violation Officer Hill presented this case. Notice was sent Certified Mail on January 9, 2023, and a signed green card was dated January 20, 2023. This is not a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman advised she was going to give the Respondent until March 21, 2023. Officer Hill stated the Respondent complied with the other items; the only violation is missing grass. 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 March 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2670 Boynton Beach Distribution Property Address: 2900 NW Commerce Park Drive Common Area Property Violation(s): COH CH 15 SEC 15-120D1A COH CH 15 SEC 13-15 Remove all trash and debris and all inoperable trailers and trucks being stored on the property. Please have tenant at the Bay Coaching facility refrain from conducting workout classes or exercising in the parking lot or driving past that are meant for vehicles. All business activity should be conducted inside the building that they have an approved license for. Officer Hill presented this case. Notice was sent Certified Mail on December 27, 2022. Notice was posted on the property and at City Hall on January 19, 2023. This is not a health and safety hazard. The City recommends compliance by March 1, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if the trash has been cleaned up. Officer Hill replied no. They clean some, but they keep bringing out more. 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 March 1, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-2818 Connors Beth Property Address: 901 NW 10th Court Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-16 COH CH 13 SEC 13-7 Inclusive Please obtain a Business Tax Receipt for your rental property. Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Contact the Business Department to resolve. Officer Hill presented this case, which was a citizen's complaint. The initial inspection was October 10, 2022. This is not a repeat violator. A Courtesy Notice was issued on October 13, 2022, with 15 days to comply. Notice was sent Certified Mail on December 28, 2022. Notice was posted on the property and City Hall on February 4, 2023. The Respondent contacted her two days before this Hearing and advised she would be applying for her Business Tax Receipt and Certificate of Use and Occupancy. The property was last inspected on February 14, 2023. This is not a health and safety hazard. The City recommends compliance by March 1, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if the tree still needs to be trimmed. Officer Hill replied it is just the Business Tax Receipt; they trimmed the tree. Beth Connors, owner, was present. Ms. Zalman advised the City is recommending until March 1, 2023 to comply. The Respondent stated she is going through the process and her concern is who they are going to reply to because her son's old email was on the form, but she put hers as well. She wants to make sure they communicate with her. Her email is not on the form but is on a letter she signed, and she also listed her email and phone number as well. Ms. Zalman suggested the Respondent follow up to make sure. She is going to extend this to March 6, 2023, to allow extra time in case there is some miscommunication. If not in compliance by March 6, 2023, there will be a fine of $75 per day. Administrative fees in the amount of$384.12 have accrued, and must be paid. An order will be sent via mail. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to March 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. 22-2933 Auraz Violeta A Property Address: 7276 Chesapeake Circle Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Shed/structure built in backyard without first obtaining an approved permit from the Building Department. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was October 22, 2022. This is not a repeat violator. Written Notice was issued on October 26, 2022, with 60 days to comply. Notice was sent Certified Mail on December 28, 2022. Notice was posted on the property and City Hall on February 4, 2023. As of this date, no permit has been applied for and no attempts have been made to correct this violation. The property was last inspected on February 7, 2023. This is not a health and safety hazard. The City recommends compliance by March 6, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Johan Mendoza, owner, was present. Ms. Zalman advised there is a shed that is not permitted and they have not applied for the permit yet. Mr. Mendoza stated he is trying to reach the Homeowner's Association and has been sending emails. He built the structure. The same thing happened with the balcony; he tried to get approval because when he applied for the permit, he could not get it because it was not approved by the Homeowner's Association first. Ms. Zalman commented that in order to apply for a permit with the City, he must have Homeowner's Association approval. Mr. Mendoza indicated he has been sending emails to the Homeowner's Association, but they are going unnoticed. Ms. Zalman understands Associations take a long time to reply. She asked if they have given any indication of when they are going to respond. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Mr. Mendoza stated the Homeowner's Association sent him an email that said sheds are not allowed, so he called them, and they sent him another email. Ms. Zalman questioned if they are going to have a meeting he can attend. Mr. Mendoza replied yes. Ms. Zalman asked if the City has an objection to an extension because if Homeowner's Association approval is needed, from her experience Homeowner's Associations do not apply for quite some time because they do not meet regularly. Officer Hill did not have an objection. Ms. Zalman asked if there was an objection to 60 days. Officer Hill did not have an objection. Ms. Zalman advised 60 days would give Mr. Mendoza one month to get this sorted with the Homeowner's Association and another month to get the approval. It is still a tight schedule. If he does not get approval, then he has to get a demolition permit and take the shed down. If he needs more time, Ms. Zalman suggested he stay in touch with Officer Hill, so the appropriate forms can be down, so he will not reach the 60-day deadline, which would be April 20, 2023. Officer Hill did not know if a demolition permit would be required, he can check with the Building Department. Ms. Zalman stated that an Order will be sent. As of this date, administrative fees in the amount of$384.12 has accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date April 20, 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. 22-2946 Patel Dhavalkumar M Property Address: 18 Pepperwood Court Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Driveway extension and swale removed without first obtaining an approved permit from Building Department. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was October 25, 2022. This is not a repeat violator. Written Notice was issued on October 31, 2022, with 30 days to comply. Notice was sent Certified Mail on December 5, 2022. Notice was posted on the property and at City Hall on January 19, 2023. She spoke to the Respondent and his attorney and told them both that in order to comply this case that the permit that was applied for after the fact on November 30, 2022, needs to be approved. The permit was disapproved on December 29, 2022. They told her they are going to remove the driveway extension. Per the Building Official, John Kuntsman, the new contractor submitted an application yesterday, but they need to change the description of work, which was not specified on the application. The property was last inspected on February 13, 2023. This is not a health and safety hazard. The City recommends compliance by March 21, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Keith Kurn, Attorney, was present on behalf of the applicant. Ms. Zalman stated it looks like they are already in the process of getting this done, so they need to get the permit approved and then either comply with or remove the extension. Officer Hill advised the permit they submitted is for removal. The Homeowner's Association is not approving the work that was done, but they did submit the right application, they just need to change the scope of work on the application. Ms. Zalman indicated it is important when they get these notes; sometimes there might be a note that says disapproved and they are waiting. Always follow up with notes in the system, so it does not sit there. Attorney Kurn stated the initial permit was for the applicant to be able to keep the driveway addition as done, and he has now hired a concrete contractor, who has done a change of contractor form with the City and he was there yesterday to submit the change of plans. Depending on when the City issues the permit, the work can be done within a few weeks. Officer Hill advised the permit that was applied for yesterday was applied incorrectly. Building Official, John Kuntsman, spoke to her this morning and said that he checked the system, and the permit cannot be reviewed until the contractor corrects it. Ms. Zalman stated it was rejected and sent back to the contractor and now they are waiting on him. Officer Hill indicated that as of this morning that permit was rejected. Ms. Zalman commented that the City is recommending compliance by March 21, 20237 and she thinks they need more time. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Attorney Kurn requested an additional 60 days just to be safe. Ms. Zalman agreed and stated that is April 20, 2023. She suggested they stay in touch with the City because a lot of times there is a miscommunication, and something has to be resent. Attorney Kum stated the issue was that the applicant did not have a contractor to begin with and now he does. Ms. Zalman advised an Order will be received via mail. Administrative fees in the amount of $384.12 have accrued and must be paid. The compliance date is April 20, 2023; otherwise, a fine of$100 per day will accrue. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date April 20, 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. 22-0928 Needham Donna E Property Address: 217 SE 2nd Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 3 ART 5 SEC 3G Planning and Zoning requires an approved zoning code verification letter for the installed tiki but in back of the home. Officer Weixler presented this case, which was a routine inspection. The initial inspection date was on April 8, 2022. This is not a repeat violator. A Courtesy Notice was issued on April 8, 2022, with 30 days to comply. Certified Mail was sent on December 16, 2022, and a signed green card was received on December 27, 2022. Zoning code verification letter 22051 is in review; comments were never addressed by owner. Per Planning and Zoning, the thatch roof is making contact with the home's roof, which is making it a safety hazard. He has email correspondence with Planning and Zoning; initially on May 6, 2022, the wrong email address for the owner was given and was corrected on May 12, 2022. This is a life safety hazard. The City recommends compliance by March 6, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Donna Needham, owner, was present. Ms. Zalman indicated that it appears back in May notes were sent back to her or to her contractor to repair or revise this situation and nothing has happened since then. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent stated initially when they put the tiki but in, she was told by the contractor, which was the Seminole Indian Tribe, that she did not need a permit or approval from the City. It is a large structure, and she was not sure if it has to be removed in order to comply. Ms. Zalman advised that the Respondent might have a claim with her contractor if she was misled. In the meantime there is a health and safety hazard, which is the thatched roof is on the home roof and for whatever reason it was determined a health and safety hazard. She suggested the Respondent get in touch with the City as soon as possible. There is a compliance date of March 6, 2023, which she agrees with; otherwise, the fine is $150 per day. Administrative fees in the amount of $384.12 has accrued and must be paid. She told the Respondent to stay in touch with the City because they will give her the exact recommendation and options. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 6, 20237 or a fine of$150 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1140 Harvest Residential II LLC Property Address: 2303 South Federal Highway, Unit #5 Type of Property: Multi-Family Property Violation(s): COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-16 LDR CH 2 ART 4 SEC 2A2 Certificate of Use and Business Tax Receipt license required for home rental and a permit is required for the home water heater. Officer Weixler presented this case, which was a routine inspection. The initial inspection was on May 2, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 27 2022, with 30 days to comply. The property and City Hall were posted on February 3, 2023. The property was last inspected on February 15, 2023. A reinspection needs to be done for the Certificate of Use and Business Tax Receipt and a permit needs to be applied for the water heater. One of the conditions for a license is that all the equipment has to be up to code. The case was amended and a new Notice was sent and there is no permit application for the water heater. The City recommends compliance by March 6, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Jamal Robinson, Property Manager, was present. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman advised that whoever is present must be an owner or authorized to speak by the owner, so Mr. Robinson cannot speak or provide evidence, but he can listen. She asked if there are currently tenants at the property. Officer Weixler replied yes. Ms. Zalman indicated that this needs to be done right away. There is a water heater that needs to be permitted and she agrees with the City recommendation for compliance by March 6, 2023, or a fine of$100 per day. As of this date, administrative fees have accrued in the amount of$384.12 and must be paid. An Order will be received in a couple weeks. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 6, 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. 22-1144 Harvest Residential II LLC Property Address: 2303 South Federal Highway, Unit #9 Type of Property: Multi-Family Property Violation(s): COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-16 LDR CH 2 ART 4 SEC 2A2 Certificate of Use and Business Tax Receipt license required for home rental and permit required for unpermitted water heater. Officer Weixler presented this case, which was a routine inspection. The initial inspection was on May 2, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 2, 2022, with 30 days to comply. City Hall and the property were posted on February 3, 2023. There is no application for the water heater. The City recommends compliance by March 6, 2023, or a fine of $100 per day, plus administrative fees in the amount of $384.12. Jamal Robinson, Property Manager, was present. Ms. Zalman advised that there is no authorization form; therefore, Mr. Robinson cannot testify. She agreed with the City's recommendation of March 6, 2023, and if not in compliance by that date, there will be a fine of $100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 6, 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. 22-1240 Raams Bastiaan Property Address: 506 SE 20th Court Type of Property: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for unpermitted fence and shed. Officer Weixler presented this case, which was a routine inspection. The initial inspection was on May 2, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 6, 2022, with 30 days to comply. City Hall and the property were posted on February 3, 2023. This is not a life safety hazard. The City recommends compliance by March 6, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Bastiaan Raams, owner, was present. Ms. Zalman indicated that it looks like the Respondent needs permitting. The Respondent advised he purchased the property 11 months ago and paid $47,000 in municipal liens. The fence was existing prior to the purchase, which came down during the hurricane, and he replaced a chain link fence and a wooden fence with vinyl, and it has been there for eight years. After paying $50,000 in municipal liens to purchase the property, he was hoping for forgiveness since he updated the property with vinyl instead of chain link. The shed was also existing, which he turned and rebuilt about four or five years ago. Ms. Zalman mentioned an inspection was done of the property and it was determined that the fencing and shed were not permitted, it is not that they were just working on it. Officer Weixler replied that is correct. He asked if the Respondent rented before purchasing. The Respondent stated he had a lease to own agreement and he has been working on the property for over a decade with upgrades. He has photos of the existing shed, which is 12' x 12' and 10' x 10" is required for a permit. He also has photos of the shed, which he rebuilt. He does not mind paying administrative costs or permitting, but not being fined $500 per day for upgrading the property a decade ago. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman suggested the Respondent enter a written request to the Officer at the Building Department on the status and say this is an older situation, with the date the property was purchased, and that these items were inherited. Permitting will still be required. Officer Weixler indicated that pictures can be seen on the Property Appraiser site and see that the roofline was running from east to west, and it is now running from north to south; it was completely torn down and moved. They do not know if it meets the Planning and Zoning setbacks, what it is constructed of, or if it meets the wind mitigation requirements of 175 mph. Ms. Zalman commented even though the shed was inherited and added to it, it needs to go through permitting, and if it does not comply, it has to go down. She asked how much time he needs for this process. The Respondent stated he would like as much time as possible before having to put more money into the property; he would say 60 days. Ms. Zalman mentioned that she did not mind 90 days. He just paid money for fines and she does not want him to have new fines. The process takes time, so he will have to apply sooner to avoid getting to the deadline date. The Respondent asked Officer Weixler if he needs to the survey. Officer Weixler advised the Respondent should take that up with the Building Department and Planning and Zoning wants to see it on the survey; it must be marked on the survey. Ms. Zalman stated this should give plenty of time to resolve the issues, but he is still going to need permitting. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be received via mail. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date 90 days, 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. 22-1414 Stefanovic Rochelle W Property Address: 503 SE 23rd Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Permit required for unpermitted fence and shed structure attached to the east side of the home. Officer Weixler presented this case, which was a routine inspection. The initial inspection was on May 25, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 25, 2022, with 30 days to comply. City Hall and the property were posted on February 3, 2023. The property was last inspected on February 14, 2023, and the violation still exists. This is not a life safety hazard. The City recommends compliance by March 21, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Rochelle Stefanovic, owner, was present. Ms. Zalman commented that this Notice went out in May, and nothing is happening. She questioned the status of the fencing and shed. The Respondent stated that images in the pictures are from the property adjacent to her and the fence is on that property, it is not her fence, and they will not let her correct it because it is not on her property. She tried to organize the fix it, but there is a tree in the way. The building is old, and she has done what she can. Ms. Zalman asked if the Respondent lives there and if this is her house. The Respondent replied she lives there, but that is not her home, it the other side of a vacant lot. Officer Weixler showed a picture of the vacant lot the Respondent is talking about. She put the fence on the other people's property and tried to apply for a permit, but they said she cannot apply for a permit because it is not on her property. Ms. Zalman mentioned that the fence needs to be removed. The Respondent indicated she is not allowed to move the fence, Zoning staff said she cannot do anything because she does not own it and she cannot get a permit to remove it. Ms. Zalman asked if the Respondent knows the owner of the vacant lot. The Respondent stated the owner of the vacant lot is a foreigner and she has spoken to him a few times. He said she can leave it there if she can get a permit to correct it, but she cannot get a permit to correct it because it is not on her property. She is going to take it down and put up a proper fence, which will solve the problem. She did not find out about this until recently that it was not on her property. She noted there is a wall and a chain like fence was there, which is what she put on her side. The City violated her because they thought it was her property. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman asked about the shed. The Respondent indicated that she asked the City and they said if it is under 100 square feet, she does not need a regular building permit, just a shed permit, so she reduced the size, and it is not quite finished. She will get a permit or whatever is needed. Ms. Zalman commented that the Respondent is taking down the fence. She asked if a new fence is outside of this violation. Officer Weixler stated he has cited the property owner of the vacant property to get a permit for the fence since it is on their property, and they have the option of removing it or applying for a permit since Planning and Zoning gave her the direction that only they can apply for a permit for that section of fence. The other three sides of the house that have the fence have not been applied for yet. The Respondent stated there is a wall in the back that has been there since 1956, which should be grandfathered in; she did not build it. Ms. Zalman advised a permit is required. Officer Weixler stated there is a picture of the fence on the left side of the house and that needs to be permitted. Ms. Zalman suggested a meeting with the Building Department to clarify what is needed. It sounds like one side of the fence is going to be addressed by the neighbor and then there is another part that she needs to address along with the shed. Officer Weixler asked the Respondent if she had a meeting with Robert Cody about the wall. The Respondent replied yes, and he said she needed to get a permit. She filed for a permit. Ms. Zalman does not want the Respondent to get to the deadline and have something missing. She recommended setting up an informal meeting to make sure they are on the same page. She thinks an extra 30 days is needed just to get this done. She is going to extend the compliance date 60 days, to April 20, 2023. As of this date, 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 extended the compliance date 30 days, to April 20, 2023, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-1495 Investment Holdings LLC Property Address: 305 East Ocean Avenue, #106 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 March 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 March 6, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1507 Soaces LLC Property Address: 2303 South Federal Highway, Unit 8 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 March 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 24, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1614 McCray Rachel E Property Address: 137 SE 13th Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for unpermitted windows and doors. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Officer Weixler presented this case, which was a routine inspection. The initial inspection was June 16, 2022. Written Notice was issued on June 16, 2022, and 30 days was given to comply. Certified Mail was sent on January 3, 2023, and a signed green card was received on January 18, 2023. The property was inspected on February 14, 2023, and there was nothing in the system. A permit was applied for, but there was no information regarding the status of the permit. The City recommends compliance by March 21, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if the system stated when the permit was applied for. Officer Weixler stated permit 22-3854 for five windows and three doors was submitted on July 25, 2022, and was disapproved by Structural on September 12, 2022. In looking on February 14, 2023, there was no evidence of anything going on, so there was 157 days of no activity. Rachel and Keith McCray, owners, were present. Ms. Zalman stated that it looks like a permit was applied for and then rejected in September 2022 and it has been sitting. Mr. McCray advised they resubmitted drawings requested, and he has an email from the City of Boynton three days ago thanking him for resubmitting the drawings. Ms. Zalman commented that it looks like they are in the system, and this is for the windows and doors. Mr. McCray stated they are waiting for a response from the City. Ms. Zalman does not see this matter being ignored. She asked if Officer Weixler wanted to remove this Case. Officer Weixler replied yes. There was a glitch in the system because he checked on February 14, 2023 and there was no information and then he presented that this morning. Ms. Zalman thinks this should be removed. Nothing has accrued and there are no fines or fees as of this date. Decision Due to evidence and testimony, Ms. Zalman removed this Case, with no accrual of fines or fees as of this date. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-2141 Bean Michael B Property Address: 145 SE 8t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-2209 Van Mol Elen C Property Address: 936 Brookdale Drive SFHA 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 March 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 March 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2391 Lecours Alain P Property Address: 2315 North Congress Avenue, Unit 13 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 March 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 March 21, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-3023 Four Sons Plaza 640 LLC Property Address: 640 East Ocean Avenue SFHA#23 Type of Property: Commercial Property Violation(s): LDR ART 3 CH 2 SEC 2A2 Permit required for interior renovation of commercial unit, #23. Officer Weixler presented this case, which was a routine inspection. The initial inspection was on November 14, 2022. Written Notice was issued on November 14, 2022, with 30 days to comply. City Hall and the property were posted on February 3, 2023. The owner of the plaza was contacted, who stated he would speak with the contractor and ask that he pull a permit immediately, but it was never done. The property was last inspected on February 14, 2023, and the violation still exists. This is not a health and safety issue. The City recommends compliance by March 21, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Tim Pedit and his wife, Sumay, owners, were present. Ms. Zalman advised the Respondents have a contractor who has not applied for permits. Mr. Pedit stated that would be him. He has been in the business for 55 years and the only thing they did was mostly cosmetic except for the shower area, which was moldy and smelled. Officer Weixler noted there was a smell that was hard to distinguish. Mr. Pedit indicated that they took down the existing drywall, which was not water proof, and the faucet was leaking. They did Dura rock on the bottom and purple board, which is a water proof board. They did not change the footprint at all to the space. He was always under the impression that anything under$1,000 did not need to be permitted, that it was more cosmetic. He called the Building Department and was told because he changed the shower valve that was leaking that he would need a permit. He was told that he could complete the work and get a backside revision permit, but he did not feel comfortable with that, so he stopped. He has been busy and has not had time to get back to this. Ms. Zalman questioned how much time they need to get the work done. Mr. Pedit stated he needs however much time it takes to get the permit and he can complete the work within five days. Ms. Zalman asked if they are open. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Mr. Pedit replied yes, they are open; they have been approved by the Health Department. Ms. Zalman is always weary when something is open and operating. Officer Weixler stated he has the same concern, so he is going to stay with his recommendation. Ms. Zalman agreed and stated the recommendation is to comply by March 21, 20237 because this is owned and operated; it is in process, so it must get permitted. If not in compliance by March 21, 2023, the fine will be $100 per day. 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 March 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. 22-3120 52518 1h Ave LLC Property Address: 525 SE 18th Avenue Type of Property: Multi-Family Property Violation(s): COH CH 15 SEC 15-120DEH Sod all bare areas and mow and trim all overgrowth on vacant lot. Officer Weixler presented this case, which was a citizen's complaint. The initial inspection was on December 1, 2022.Written Notice was issued on December 1, 2022, with 15 days to comply. Certified Mail was sent on December 28, 2022, and a signed greed card was received on January 17, 2023. The property was inspected on February 14, 2023, and the violation still exists. This is not a life and safety hazard. The City recommends compliance by March 21, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Photographs were submitted. Ms. Zalman advised photographs dated December 1, 2022 were presented showing a lot of overgrowth, grass, and weeds, and another picture dated December 20, 2022, showing overgrowth, gravel, and patches of weeds. Arben Poshka, owner, was present. Ms. Zalman asked if the Respondent is selling the property. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent stated he is going through Zoning because they are trying to get approval for a drive-thru; it is going to be commercial because it is in front of a shopping center. Since those photographs were taken, he has had landscapers there every other week. Officer Weixler indicated that the overgrowth has been taken care of. Currently, the rocks need to be removed and the sod has to be put down. The Respondent commented it is a parking lot and he is currently going through Zoning. It is a vacant commercial property line. Ms. Zalman asked if he does not want to have sod because it is going to be a drive area. The Respondent advised it is going to be a parking lot with a freestanding retail store. The gravel was put in months ago, so he is keeping it so no weeds grow on the property. Ms. Zalman stated the Respondent is in violation of the code for that area. He questioned if he is currently in application for Zoning. The Respondent indicated they reached out to the Zoning Department and the drive-thru did not work out, so now they are going without the drive-thru, but they are working to get the application. Ms. Zalman asked when that will happen. The Respondent stated it is time consuming; they are going through Planning and it will go through Zoning. Ms. Zalman advised in the meantime they cannot leave the property in that condition. The Respondent stated he is maintaining it, he has landscapers there every other week; they are cleaning it and keeping the weeds down. Officer Weixler indicated this was a single-family home at one point and there was a demolition permit. Normally, when the Building Department issues a demolition permit, they have standards for what the property needs to be left like, and stones and rocks are not an option. Some type of grass or sod must be put down where the previous home was, which was never done and a failure on the part of whoever pulled the demolition permit. He purchased the property and rented the property out to people who park cars, so he put rocks down so people could park on the rocks. If he wanted to put a driveway or parking lot, there are standards, it has to be a hard surface and must be concrete or asphalt, it cannot be the rocks. Certain parameters must be followed for that type of development. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman commented that it sounds like the Respondent is maintaining the property to keep it looking nice. She understands the argument that he does not want to spend money when they are about to put down concrete. The Respondent showed photographs of the property. It is a large property, and it is part of the shopping center. Ms. Zalman asked when the Respondent is going to apply for the permit. The Respondent stated the new version will probably be going to the City in a couple months and then the scheduling takes time to go in front of Zoning. Ms. Zalman advised she is not authorized to change the code. The City is presenting a case to her and they want the Respondent do comply with the code, so she has to enter an Order for him to comply with the code. She understands the argument, it does not make sense, as a business, to spend money to do this when they are about to change everything. She thinks the Respondent should schedule a meeting with the Building Department and go over a few options, and also get the application in process for the next step. The City's recommendation to comply is March 21, 2023, but she is going to extend the case 60 days to April 20, 2023, so he can meet with the Building Department and get the applications in process. If further extensions are needed, speak to Officer Weixler. The compliance date will be April 20, 2023, and if not in compliance by that date, a fine of $75 per day will accrue. 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 extended the compliance date 60 days, to April 20, 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. 22-3079 DesignByStephanieo LLC Property Address: 124 SW 12th Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 10 SEC 10-56C Please clean pool. Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was November 28, 2022. This is a health and safety hazard. The City recommends compliance by February 24, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. He requested an Abatement Order to cure the violation if it does not comply by February 24, 2023. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 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 24, 2023, or a fine of $150 per day, plus administrative fees of $384.12, or an abatement order by a vendor hired by the City (pool violation). Case Hearing Case No. 22-2874 Carrier Raymond R & Dennis J Property Address: 351 NE 26th Avenue This case complied prior to the Hearing. Case Hearing Case No. 21-2634 Palm Beach Leisureville Property Address: 2000 SW 13th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Unpermitted new exterior pool lights installed. Please obtain required Building permits and approved inspections. Officer Hart presented this case, which was a citizen's complaint on October 8, 2021. This is not a repeat violator. Written Notice was issued on November 2, 2021, with 15 days to comply. Certified Mail was sent on December 9, 2022, and the green card was signed and dated on December 19, 2022. He spoke to the Property Manager and the Electrical Contractor several times, and up until yesterday, the last time the permits were addressed was May 2, 2022. They resubmitted on February 14, 2023, for the light readings, etc. The City recommends compliance by April 20, 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 April 20, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-0994 Lopez Ramon Property Address: 106 Azalea Circle Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 10 SEC 10-52 Please remove all inoperable unregistered vehicles from the property. Officer Hart presented this case, which was a citizen's complaint on April 14, 2022. This is not a repeat violator. Written Notice was issued on April 30, 2022, with ten days to comply. The property and City Hall were posted on February 4, 2023. The original violation was for multiple unregistered inoperable vehicles on the property, but only one remains today. He spoke with the Respondent's daughter, who informed him that the remaining vehicle in question is registered, but the registration and registration sticker had been lost. Since that time, he revisited the property on Tuesday, February 14, 2023, and that was not the case, they just found the title to the vehicle. They were not forthcoming with all the proper information. The City recommends compliance by March 6, 2023, or Abatement by towing, and if the vehicle cannot be removed via towing, a fine of$75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if Officer Hart told the Respondent the vehicle will be towed. Officer Hart replied no, but they are frantically working on it. 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 March 6, 2023, or an Abatement by towing, and if it cannot be towed, a fine of $75 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0079 Alexis Marie T Property Address: 623 West Ocean Avenue This case complied prior to the Hearing. Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Case Hearing Case No. 22-2805 LJR 1399 LLC Property Address: 1399 SW 30th Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-0450 Boynton Property Holdings LLC and Jeffrey Greene Property Address: 1601 North Congress Avenue Property Violation(s) As noted in Notice of Violation. Officer Hill presented this case. Notice was sent Certified Mail on December 27, 2022, and a signed green card was dated December 31, 2022. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City recommends compliance by March 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 March 1, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No. 22-1475 Kasdan Alexandra Property Address: 501 SW 3rd Street Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on October 19, 2022, and the Respondent did appear. A compliance date was scheduled for December 30, 2022, or a fine of $100 per day, plus administrative fees. The violation complied on February 1, 2023. The property was last inspected on February 10, 2023, and the violation no longer exists. There are 32 days of noncompliance and the fine accrued 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. Alexandra Kasdan, owner, was present. Ms. Zalman explained this is a Fine Certification Hearing to determine how many days the fine accrued and to set an Order for the fine. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent advised she spoke with Officer Chevalier Bien-Aime about the situation, and she was in the final stages of permitting and he suggested that she request an extension for 30 days, so it would keep her in the timeframe of being on time. There was some miscommunication on the last step of permitting; she received instructions from Craig Pinder stating the wrong direction, which delayed the time. Candice Stone, Community Standards Director, indicated that Officer Chevalier Bien- Aime mentioned this to her and confirmed with Craig Pinder that there was a miscommunication. In this instance, if Ms. Zalman agrees on an extension, there is no objection. Ms. Zalman did not have an objection to an extension, so she is going to send out an Order that there is going to be an extension for 32 days, until February 1, 2023, and there will be no fine except for administrative fees and costs in the amount of$384.12. The Respondent questioned how to pay the administrative fees. Ms. Guim advised she will receive a letter saying the money is owed. Decision Due to evidence and testimony, Ms. Zalman granted an extension for 32 days, until February 1, 2023, with no fine except for administrative fees in the amount of $384.12 that must be paid. Fine Certification Hearing Case No. 22-2257 Norelus (glad Property Address: 1519 NE 1st Court Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on November 11, 2022, and the Respondent did appear. A compliance date was set for January 16, 2023, or a fine of $100 per day, plus administrative fees. The property was inspected on January 17, 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. (glad Norelus, owner, was present. Ms. Zalman stated the fine is accruing and questioned the status of bringing it into compliance. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent commented that permits take time. He applied for the permit on November 22, 2022, and he has not received any service. He knows he was given 60 days to apply for the permit. Ms. Zalman questioned if the Respondent reapplied on November 22, 2022. Officer Chevalier Bien-Aime thinks the Respondent applied on November 15, 2022, and Intake staff rejected it on November 17, 2022. The Respondent indicated he checked his email and never received any response. Officer Chevalier Bien-Aime stated the if the little box is checked, it means the email was sent to the property owner. The Respondent mentioned that is for the survey, which he submitted. He came to the City and was given a copy of the email and the survey. Since that time, he resubmitted and never received a response. Ms. Zalman advised the system is showing that nothing has been resubmitted since November 2022. Officer Chevalier Bien-Aime stated once he submits whatever the Intake staff requests, it will go into review status. Ms. Zalman indicated there is no evidence that there was a resubmittal. it was rejected in November 2022 and just sitting there. She stated the Respondent must review the notes they sent and start again. The Respondent questioned if he has to start again why the lien has to be $100 per day. Ms. Zalman advised the City sent him an email within 48 hours of the application saying they need something else; something was missing. The Respondent reiterated that he never received an email. Officer Chevalier Bien-Aime commented that perhaps the Respondent entered the wrong email address while applying for the permit. Ms. Zalman tabled this case for five minutes, so they could discuss this. Ms. Guim advised that Item #38 was recalled, Case #22-2257 for property at 1519 NE 1St Court. Officer Chevalier Bien-Aime indicated that according to the Respondent, his assistant submitted the application for the resubmittal. Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent requested another 30-day extension because he is still working on the process for the permits. Ms. Zalman stated there is a new process and she thinks the extension has to be given through the Officer. Candice Stone, Community Standards Director, indicated it was a month ago. She would say maybe another 30 days extended. Officer Chevalier Bien-Aime stated the original compliance date was December 16, 2022, and he was granted 30 days since there were permitting issues. Ms. Stone indicated that an extension was already given. Even though it is his clerical error, it is not the City's fault. The Respondent will have to come back for a Lien Reduction. Ms. Zalman advised that the fine is accruing at $100 per day and the current total fine is $3,384.12. She knows he has to go back to continue the process and the fine is going to continue to grow. When this process is done, he can apply for a Lien Reduction process. The Respondent mentioned the construction staff applied for the permit and there was a delay, and he knows they could get a 30-day extension to get all the documents to present. Ms. Zalman stated that is why she is reducing the lien. The application is not with the City, it was sent back to him on November 17, 2022. It is not that he is waiting for the City to get back to him, they are waiting on him to send back notes or paperwork. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$3,384.12, which includes administrative fees in the amount of$384.12 that must be paid. Fine Certification Hearing Case No. 22-1132 1950 Congress Ave LLC Property Address: 815 West Boynton Beach Boulevard Officer Hill presented this case. The Special Magistrate Hearing was on September 21, 2022, and the Respondent did not appear. A compliance date was set for November 21, 2022, or a fine of$250 per day, plus administrative fees. The property was inspected on February 13, 2023, and the violation still exists. There are 86 days of noncompliance, and the fine continues to accrue at $250 per day. As of this date, the fine is $21,500, plus administrative fees in the amount of$384.12, for a total of$21,884.12. Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Marcia Horda, Registered Agent, was present. Ms. Zalman explained there will be a certification and a fine entered for $21,884.12. This is continuing to accrue at$250 per day and will carry forward until such point it is complied with. She recommended Ms. Horda stay in touch with Officer Hill when it is in compliance, so the fine will stop. Ms. Horda advised that all the trees have been planted. She was told that an arborist had to inspect it and a letter stating that the trees are compliant to the Site Plan, which was provided on February 10, 2023. She then received a notice from Officer Hill saying that she has to apply for a modification to the Site Plan because all the trees were replaced that were missing for over 20+ years. Officer Hill mentioned the original Notice mailed on May 16, 2022, and read the verbiage regarding the removal of trees and shrubs without approval, which must all be replaced according to the Site Plan. The Respondent was informed of the landscape plan modification application in May 2022. Ms. Zalman commented that this has been pending a long time. Ms. Horda stated they did not know they were missing trees. She has been there for two years, and no trees have been removed within that timeframe. Officer Hill advised that the complaint came in from the rear neighbors. When she visited the property there were blank spaces, so the Planning and Zoning Department provided a landscape plan that she provided for them to take to their arborist to review and submit an application not review or deny if any trees were removed. Ms. Zalman indicated that is an interesting point. If Ms. Horda was at the original Hearing that would have been a good point to bring up. When this is done, they can apply for a Lien Reduction and if they find evidence that nothing was removed and previously existed, it is good to present to reduce the lien by a percentage. Bring back evidence on how much was spent to plant new trees and all the expenses along with a timeline of what was done. Once this is in compliance she can apply and come back. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $21,884.12, which includes administrative fees in the amount of$384.12 that must be paid. Fine Certification Hearing Case No. 22-0895 515 South Federal LLC Page 34 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Property Address: 515 South Federal Highway This case was tabled. Case Hearing Case No. 22-1212 Dowells Investments LLC Property Address: 2309 South Federal Highway, Unit 18 Property Violation(s): LDR 3 CH 2 SEC 2A2 Permit required for unpermitted water heater. COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-6 Certificate of Use and Business Tax Receipt required. Officer Weixler presented this case. The Notice of Violation date was May 5, 2022. The Special Magistrate Hearing was on November 16, 2022, and the Respondent did not appear. A compliance date was set for December 16, 2022, or a fine of$75 per day, plus administrative fees. The property was inspected on February 15, 2023. There are 61 days of noncompliance and the fine continues to accrue at $75 per day, plus administrative fees in the amount of$384.12. As of this date, the fine is $4,575, plus administrative fees in the amount of$384.12, for a total of$4,959.12. 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 of $4,959.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1359 Warner Christalyn Property Address: 719 SE 3rd Street Property Violation(s): LDR 3 CH 2 ART 4 SEC 2A2 Permit required for roof, windows, and doors on garage structure in the backyard. Officer Weixler presented this case. The Notice of Violation date was on May 19, 2022. The Special Magistrate Hearing was on October 19, 2022, and the Respondent did appear. A compliance date was set for December 18, 2022, or a fine of $100 per day, plus administrative fees. The property was inspected on February 15, 2023, and the violation still exists. There are 59 days of noncompliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $5,900, plus administrative fees in the amount of$384.12, for a total of$6,284.12. Page 35 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Christalyn Warner, owner, was present. Ms. Zalman explained this is a Fine Certification Hearing. The fine is currently $6,284.12 and continues to accrue at $100 per day. Once the violations are in compliance, she should immediately contact Officer Weixler, so the accrual will stop. The Respondent stated when they were doing the permitting process for the roof and windows, it was learned that the entire structure does not have a permit, so she has been in communication with Craig Pinder about requesting a variance. She is going to start the variance process for the back shed, and they will hopefully get a permit for that and then move forward with permitting for the roof and windows. Ms. Zalman recommended the Respondent keep notes of everything going on in case she later wants to reduce the lien. The Respondent mentioned reducing the lien and stated she cannot permit the roof and windows because the structure does not have a permit. She questioned why the fine will continue to accrue for something she cannot resolve. Ms. Zalman indicated there must be some of resolution the City is offering. If there is an unpermitted structure, you either have to apply for a permit, make changes, or demolish the structure. The Respondent commented that she is accruing a fine for the roof and windows and the bigger problem is that there is no permit for the pool structure, so she has to work on that. Ms. Zalman stated there is a structure that is not in compliance with the law, so she has an obligation as an owner to bring it into compliance or demolish it. The Respondent indicated she does not know how long a variance process takes and it sounds like she is not going to be given any consideration. Ms. Zalman advised that is not at this Hearing. The Respondent asked when that Hearing will be. Ms. Zalman stated when this is all done, the Respondent can apply for a Lien Reduction and provide a timeline and expenses to show she was not ignoring it but was working on it. The Respondent commented that she assumed there are still fees during a Lien Reduction. Page 36 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Zalman asked if the property is commercial or residential, and if residential, if it her Homestead. The Respondent replied it is residential property and it is her Homestead. Ms. Zalman advised it has to be an extreme hardship; usually they reduce it to 10% and sometimes 20%. The lien generally does not get reduced to zero. She understands there is an unpermitted situation. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$6,284.12, which includes administrative fees in the amount of$384.12 that must be paid. Fine Certification Hearing Case No. 22-1883 Price Preston A Property Address: 2510 NE 3rd Street Officer Guillaume presented this case. The Special Magistrate Hearing was on November 167 2022, and the Respondent did appear. A compliance date was set for December 30, 2022, or a fine of$100 per day, plus administrative fees. The property was inspected on February 14, 2023, and the violation still exists. There are 45 days of noncompliance and the fine continues to accrue at $100 per day. As of this date, the fine is $4,500, plus administrative fees in the amount of$384.12, for a total of$4,884.12. Preston Price, owner, was present. Ms. Zalman commented that it looks like this is still existing and accruing and she questioned the status of getting this resolved. The Respondent stated he would have had the roofers start on the roof in January, but his tenant decided to move out in late January, so he started the eviction process early this month. The house is going to be empty soon and he will not be renting it out for a while, he will be doing repairs. Ms. Zalman believed she gave him an extension and recalled something about the tenants and an eviction. The Respondent indicated that Ms. Zalman gave him 30 days. He noted the tenants are still there, but they are allowing him to do the work. Ms. Zalman advised that the fine is still accruing at $100 per day. Page 37 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 The Respondent mentioned one of the violation is the hot water heater and asked once the property is empty if he can uninstall that until everything is in order. Ms. Zalman stated that is a Building Department question. She suggested he contact the Building Department for the City of Boynton Beach and tell them there was a tenancy, but the property is empty and is he allowed to do that or if a permit is required. The Respondent commented that another violation was the taxes to rent the property. He submitted an application months ago, but never received an email. He asked if he still needs to get the Business Tax Receipt since he is not renting the property. Ms. Zalman advised right now he needs it because there are tenants there. Officer Guillaume stated if the property is vacant a Business Tax Receipt is not needed. The Respondent indicated that he went to the Palm Beach Courthouse between February 3rd and 5t", 2023, to start the eviction process. He is not sure if the Sheriff went there yet to put Notice on the door. Ms. Zalman indicated when the Respondent does the final lien process, she requested he bring a copy of the eviction he filed. The fine is still accruing, and he still has to move forward. Candice Stone, Community Standards Director, clarified that once the property is vacant, he will have to pay the back years he was renting. He will not need the license moving forward unless he rents again, but he still has to pay the back fees. Ms. Zalman suggested the Respondent contact Officer Guillaume once the property is in compliance. She asked Officer Guillaume to provide a number for the Respondent to call. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$4,884.12, which includes administrative fees in the amount of$384.12 that must be paid. Fine Certification Hearing Case No. 22-0310 Payen Archange Property Address: 811 West Ocean Avenue Officer Hart presented this case. The Special Magistrate Hearing was on September 21, 2022, and the Respondent did appear. A compliance date was set for October 19, 2022, or a fine of $25 per day, plus administrative fees. The property was last inspected on February 13, 2023, and the violation still exists. There are 119 days of noncompliance Page 38 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 and the fine continues to accrue at $25 per day. As of this date, the fine is $2,975, plus administrative fees in the amount of $384.12, for a total of $3,359.12. The Respondent was here but left prior to his case being heard. 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 $3,359.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No.22-0338 Tarca Donald E Jr. Property Address 1086 SW 25th Place This case was tabled. Fine Certification Hearing Case No. 22-2704 St. Felix Jude & Telamour J Property Address 727 West Ocean Avenue Officer Hart presented this case. The Special Magistrate Hearing was December 21, 2022, and the Respondent did appear. A compliance date was set for December 26, 2022, or a fine of$250 per day, plus administrative fees. The property was last inspected on February 8, 2023, and the violation still exists. There are 51 days of noncompliance and the fine continues to accrue at $250 per day. As of this date, the fine is $12,750, plus administrative fees in the amount of$384.12, for a total of$13,134.12. 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 of $13,134.12, which includes administrative fees of$384.12. Lien Reduction Hearing Case No. 16-482 Eric Allen, Sr. Property Address: 525 NW 12th Avenue Property Violation(s): As stated below. Page 39 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 15, 2023 Ms. Guim advised that Andrea Mattis is the new owner of this property. Supervisor Pierre presented this case. The Notice of Violation date was March 1, 2016. The Special Magistrate hearing was on April 20, 2016, and the Respondent did not appear. A compliance date was set for April 30, 2016, or a fine of $50 per day. The Respondent complied on August 22, 2017. There are 470 days of noncompliance at $50 per day. As of this date, the total fine is $29,900, plus administrative fees in the amount of$384.12. A surplus of$459.36 was applied to the administrative fee and the remaining balance is the $174.76. Ms. Zalman indicated she has notes in the file and stated the City of Boynton Beach has already reviewed the file and their recommended reduction is down to 15%, which is $4,350, plus administrative fees and costs of$174.76. The Respondent agreed with the reduction. Ms. Zalman advised an Order will be entered in the amount of$4,350, plus administrative fees in the amount of$174.76. Decision Due to evidence and testimony, Ms. Zalman reduced the lien to$4,524.76, which includes administrative fees of$174.76. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:33 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 40