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Minutes 04-19-23 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, APRIL 19, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Administrative Supervisor Community Standards Candice Stone, Director, Community Standards Monica Higuero, Community Standards Specialist Isis Sablon, Community Standards Associate Carla Blair, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:04 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 18 23-0166 Complied IV. NEW BUSINESS Case Hearing Case No. 22-3192 TAH MS Borrower LLC Property Address: 461 SW 3rd Avenue Property Violation(s): CO CH 13 SEC 13-6 Active Business Tax Receipt is required for rental property. Apply and pass inspection by contacting the Building Department Tax Division at 561-742-6350. CO CH 13 SEC 13-7 Inclusive Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Certificate of Use and Occupancy is required for rental property. Please apply for and pass inspection. Contact Building Department Tax Division at 561-742-6350 to resolve. Officer Chevalier Bien-Aime presented this case. This is not a health and safety hazard. The City recommends compliance by May 23, 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 May 23, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-3320 Albury Eliza L Property Address: 204 NE 13th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Estime presented this case, which was a routine inspection. The initial inspection was December 28, 2022. A Courtesy Notice was issued with 14 days to comply. Notice was sent certified mail on March 2, 2023, and a signed green card is dated March 7, 2023. No one has attempted to reach out to him regarding the violation. The property was last inspected on April 5, 2023. This is not a health and safety hazard. The City recommends compliance by May 8, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if anyone lives there and stated the windows are boarded. Officer Chevalier Bien-Aime replied that he believes so. He noted the side windows are boarded, but not the front windows. 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 May 8, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Case Hearing Case No. 22-2546 Willowbrook HOA Inc. Property Address: 315 Meadows Drive Property Type: Multi-Family Property Violation(s): CO CH 10 SEC 10-56D Please repair all broken and cracked sidewalks. Permits are required. Replace all broken and cracked parking stoppers. No permit is required. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was September 13, 2022. This is not a repeat violator. A Courtesy Notice was issued on October 3, 2022, with 90 days to comply. Notice was sent certified mail on February 13, 2023, and a signed green card is dated February 22, 2023. She spoke to the property manager, Erica Long in October, and she advised that the roofing company damaged the sidewalks, and they would be repairing them once the work was completed. To date, the permits have not been applied for. The property was last inspected on April 17, 2023. This is a health and safety hazard. The sidewalks are uneven and cracked as well as the broken parking stoppers, which both could be tripping hazards. The City recommends compliance by May 8, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Erica Long, Property Manager, was present. Ms. Zalman indicated the City is recommending compliance by May 8, 2023; otherwise, the fine is $150 per day. She noted that administrative fees in the amount of $384.12 have accrued. It is up to the Homeowner's Association if they want to continue to wait for the roofer, but there will be a daily fine. Ms. Long stated that they signed the contract for the sidewalks, and they are going for permitting. Ms. Zalman recommended that Ms. Long contact Officer Hill to let her know when they are in compliance, so the $150 per day does not start accruing. An order will be received in the mail in a few weeks. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 18, 20237 or a fine of$150 per day, plus administrative fees in the amount of$384.12. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Case Hearing Case No. 22-3156 Chung Lisa Property Address: 1310 NW 8t" Court Property Type: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Concrete structure built in front of the garage without an approved permit from the Building Department. Officer Hill presented this case, which was a routine inspection. The initial inspection date was December 5, 2022. This is not a repeat violator. A door hanger was issued on December 6, 2022, with ten days to comply. Notice was sent via certified mail on March 22, 2023, and a signed green card is dated March 30, 2023. The Respondent was originally cited for the garbage being in public view of the street, but rather than relocated it to the side of the home they built a concrete enclosure in front of the garage to store the garbage. The property was last inspected on April 17, 2023. This is not a health and safety hazard. The City recommends compliance by May 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Francis Kammerdiena was present on behalf of the Respondent. Ms. Zalman commented that it looks like a great idea to cover the garbage, but unfortunately, a permit is required. Mr. Kammerdiena stated he has applied for a permit, and he submitted a printout. Ms. Zalman indicated she has evidence that they have applied for a permit. She asked Officer Hill if she wanted to table or continue the case. Officer Hill suggested continuing this case. Ms. Zalman advised the City is allowing until May 23, 2023 to bring this into compliance and asked if that is enough time. Mr. Kammerdiena replied it is up to the City. Ms. Zalman stated that is a month, and it should be fine. She suggested that Mr. Kammerdiena contact Officer Hill if they get close to the compliance date, so they can discuss an extension. Mr. Kammerdiena commented that they have lived in the house for 11 years and the trash can was always there and this is the only house, to his knowledge, that was picked out because of the trashcan. He noted that all the other houses have trash in front of the garages, which are visible. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Zalman questioned if Mr. Kammerdiena feels like his house was targeted specifically. Mr. Kammerdiena replied there is no doubt about it. Officer Hill advised that Mr. Kammerdiena is welcome to do a Public Records Request. She has cited multiple homes on that street and in that neighborhood for the same thing. Ms. Zalman clarified that the rule is that the garbage cannot be seen, and it must be out of sight from the sidewalk. Officer Hill stated that is correct. She noted that the owner does not have a fence around the property, so she suggested the garbage be moved to the side of the house and out of the driveway. Mr. Kammerdiena commented that the code is not clear regarding the wall. Ms. Zalman indicated the code is long, but you can always call Code Enforcement prior to building or making additions to the home. She is extending the compliance date to June 1, 2023. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to June 1, 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. 22-0505 Tuscany on the Intracoastal Property Address: 2300 South Federal Highway Property Type: Commercial Property Violation(s): LDR CH 2 ART 2 SEC 2F1 E3 Planning and Zoning permit for Site Plan Modification required for removed landscaping. Officer Weixler presented this case, which was a citizen's complaint. The initial inspection date was February 16, 2022. This is not a repeat violator. A Courtesy Notice was issued on February 16, 2022, with 15 days to comply. Notice was sent certified mail on February 21, 2023, with a signed green card dated February 28, 2023. There have been five inspections and three extensions for the Respondent to get the Planning and Zoning permit. There are 427 days of non-compliance. The property was last inspected on April 18, 2023, and the violation still exists. The City recommends compliance by May 23, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Zalman questioned if the permit has been applied for and if it is in the process. Officer Weixler replied the permit has been applied for and it is in the process. Three or four months ago, Planning and Zoning sent out a Notice of Comments that needed to be corrected, and it was never addressed. Virginia Bolla, Vice President of the Homeowner's Association, and Josh Boindia, Property Manager, were present. Ms. Zalman indicated that it looks like the permit process is going, but in the portal, comments have gone back, and it looks like the permit was rejected or more information is required. The City is recommending compliance by May 23, 2023. Mr. Boindia advised they received the survey this morning and were able to complete it. The other step needed is to have a landscape architect put the plans together. They have someone they are going to work with, and it should be done in the next couple weeks. After that, they should be able to submit whatever else is needed. Ms. Zalman questioned if those comments were based on what they saw in the portal. Mr. Boindia replied yes. It was an attachment with a Notice, which mentioned the new Site Plan and a survey. He noted there was a change in Board members in the Association recently, and when this occurred, he was not at the property. He asked if there was a possibility of getting a little more time than the 30 days. Ms. Bolla asked if they could get an additional 30 days due to the change of the Board structure. Ms. Zalman questioned if Officer Weixler felt an extension should be granted. Officer Weixler advised he would not give an extension. He had an attorney from the property call him four times and the first three times he gave extensions and each time he was told this would be resolved. Ms. Zalman indicated that the City rejected an extension, so she will give them until May 28, 2023, which is an extra five days. If not in compliance by May 28, 2023, the fine will accrue at $150 per day. She noted that administrative fees in the amount of$384.12 have accrued. An order will be received via mail. Ms. Bolla asked if they should notify Officer Hill if they are very close to May 28, 2023, but not in compliance. Ms. Zalman replied yes. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 23, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-1334 Calixte Renose L. Property Address: 111 SE 14th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A22 Permit required for interior renovation of the kitchen, bathroom, and fences. Officer Weixler presented this case, which was a routine inspection. The initial inspection date was May 16, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 16, 2022, with 30 days to comply. The property and City Hall were posted on April 4, 2023. A permit application for the kitchen and bath have been abandoned from what he can see in the system, which was inspected yesterday. This is not a health and safety hazard. The City recommends compliance by May 23, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Renose Calixte, owner, was present. Ms. Zalman commented that it looks like this has been pending for a year. Her concern is that it will take time to get permitting, and the fine is going to be $100 per day. She noted this is going to go past the compliance date, so this is an urgent matter; multiple permits need to be applied for. She asked if the Respondent is in contact with the Code Officer to get this resolved. The Respondent stated the reason it is taking so long is because anyone she contacts says the job is too small and they do not want to do it. She applied so many times, but never knew what to do. She paid someone $2,200 to help her and he took her money and never came back. Yetnel Francoise, was present. Mr. Francoise stated that the Respondent contacted him about a week ago and went to the property to see what was going on. She has a subcontractor doing the fixtures in the kitchen. He noted there were not any exposed pipes, and everything was existing. He is under the impression that they are waiting for the fixture for cabinets to be installed and updating the bathroom fixtures. He submitted an application for a permit yesterday, which is pending for the fences, bathroom, and kitchen fixture cabinets. It took a little while because everything has to be uploaded and depending on the form, it is hard to get it into Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 the system. They finally got the pictures and everything into the system yesterday and they are waiting for the permit to be approved and getting an inspection. Not being able to speak face to face with someone was a little challenging. Ms. Zalman mentioned that he indicated the piping was covered in the kitchen. Mr. Francoise stated they were interrupted, so whatever piping, waterlines and waste lines that are in the wall are existing, it is a matter of installing the cabinets and countertops. Officer Weixler stated according to the Building Department, they Red Tagged the property, and from the pictures in the kitchen, it shows that the drywall was torn off when they removed the old cabinets. Anytime drywall is replaced, it needs permitting and whatever else is on the Red Tag that the Building Department requires for the kitchen. There is a picture of dense glass being put in the bathroom, which needs to be permitted as well. As far as things existing, that is not accurate, and they have to go according to what the Red Tag says from the Building Department. Ms. Zalman indicated that a Red Tag exists and if they bring four things into compliance and do not address the last two, the $100 per day will still accrue. They have to make sure they are on the same page on each closing on each item. Mr. Francoise agreed 100%. When he came in, he was going on what he viewed. From the way it looked to him, everything was already there, it looked like it was worn and used, and that it could have been there for 20 years. Based on helping her apply for the permit, he did include the bathroom updates, the kitchen updates, and the two side fences. Ms. Zalman asked if Mr. Francois has seen the Red Tag. Mr. Francoise replied no. Ms. Zalman stated that Officer Weixler is saying he specifically wants all those items addressed and the Red Tag has not been seen. Mr. Francoise commented that he is going according to this case. Officer Weixler stated the Red Tag is from the Building Department, the Respondent has a copy of the Red Tag. Ms. Zalman questioned how much time Mr. Francoise thinks he needs. Mr. Francoise stated he has not seen the Red Tag, so he needs to see that to propose something. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Zalman asked when the Respondent said she paid $2,200 if that was to another contractor. The Respondent stated the other contractor is for the kitchen and she does not know where they went. The kitchen was supposed to be finished by April 12, 2023, and when she calls there is no answer. Ms. Zalman indicated that the evidence before her is that the Respondent is not ignoring this, she hired someone who stole her money and now she has hired another contractor who is trying to help her bring this together and in between she was trying to do it herself because she could not find anyone. She suggested the Respondent and Mr. Francoise contact the Building Department and get a copy of the Red Tag to make sure they are on the same page and maybe even set up a five to ten-minute phone call meeting with them. Mr. Francoise commented that when he was in the system, he saw there were other permits for roofing and other things. He asked if that is part of the whole thing. Officer Weixler stated that is separate and he thinks that was resolved. He knows the Inspector went to the house and left the Red Tag on the stove and the Respondent contacted him and asked why someone was in her house while she was not there. Mr. Francoise thinks they are on the same page. He thinks the Red Tag has to do with the kitchen, bathroom, and fence. Ms. Zalman believed so, but she did not have it in front of her. Mr. Francoise stated if that is the case, he submitted a permit request for those three items. He believed it would take 60 days to bring the property into compliance. Ms. Zalman advised there is no objection because she feels like the Respondent should not be penalized for what happened with the other contractor. The compliance date will be June 23, 2023. An order will be received in the mail. Supervisor Pierre requested clarification if the Red Tag was for the roof and stucco or for the bathroom and kitchen. Officer Weixler clarified that the Red Tag is for the bathroom and kitchen. Ms. Zalman asked if this is an investment property to rent. The Respondent replied no, it is her home. Mr. Francoise stated he will speak with the Building Official to get everything resolved. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 23, 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. 22-0211 Exsorro One Inc. Property Address: 421 SE 5th 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 May 8, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Ms. Zalman questioned why this is a health and safety hazard. Officer Weixler replied it was a single-family converted into a triplex and it has electric and plumbing with all kinds of people living there and they do not know if it is up to code or safe. 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 May 8, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2213 Louise Belide Alfred Property Address: 350 NE 28th Court Property Type: Single-Family/Non-Homestead Property Violation(s): As stated in the Notice of Violation Officer Guillaume presented this case. The initial inspection date was August 8, 2022. The City recommends compliance by May 23, 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. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of May 23, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0163 Grupo ORC LLC Property Address: 11 Crossings Circle, F Property Type: Multi-Family Property Violation(s): CO CH 13 SEC 13-16 Please obtain a Business Tax Receipt CO CH 13 SEC 13-7 Inclusive Please obtain a Certificate of Use and Occupancy Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was January 20, 2023. This is not a repeat violator. Written notice was issued on January 24, 2023, with 15 days to comply. Notice was sent certified mail and a signed green card was dated March 16, 2023. The property was last inspected on April 17, 2023. This is not a health and safety hazard. The City recommends compliance by May 31, 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 May 31, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0165 Narcisse Marc & Gracita Castin Property Address: 10 Crossings Drive, D Property Type: Multi-Family Property Violation(s): CO CH 13 SEC 13-16 Please obtain a Business Tax Receipt. CO CH 13 SEC 13-7 Please obtain a Certificate of Use and Occupancy. Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was January 20, 2023. This is not a repeat violator. Written Notice was issued on January 24, 2023, with 15 days to comply. The property and City Hall were posted on April 4, 2023. In speaking with the tenant, it was learned that the property is a rental. The Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 property was last inspected on April 4, 2023. This is not a life and safety hazard. The City recommends compliance by May 31, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Gracita Castin, owner, was present. Ms. Zalman advised the City recommends compliance by May 31, 2023. If the Business Tax Receipt and Certificate of Use and Occupancy have not been applied for, the fine will be $75 per day after May 31, 2023. She noted that administrative fees in the amount of $384.12 have accrued. The Respondent stated when she called there was no one to help her and when she came in person, she was told she did not have an appointment. Her family lives at the property and she does not have a business. Ms. Zalman explained that her family are tenants, and she is making a rental income, so it is a business. She suggested the Respondent walk over to the Building Department today and make an appointment or start the process. Officer Mohorn indicated the tenant can call her any time and she would be happy to assist. Ms. Zalman suggested the Respondent get in touch with the Building Department as soon as possible to apply for those items. An order will be received in the mail to pay administrative fees in the amount of$384.12. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 31, 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. 23-0632 Evanette Guillaume Property Address: 305 SW 5t" Avenue Property Violation(s): CO CH 4 SEC 18 Please remove all poultry chickens from property. Officer Rendondo presented this case. Initial notice was issued on February 24, 2023. Written notice was issued with five days to comply. Notice was posted on the property and City Hall on April 4, 2023. This is not a repeat violator. This is not a health and safety hazard. The City recommends compliance by May 8, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Evanette Guillaume, owner, was present. Ms. Zalman indicated that the City is stating that having poultry on the premises is in violation and they are asking for the poultry to be removed within five days; otherwise, the fine will accrue at $75 per day. She asked if the Respondent was able to remove the chickens. The Respondent stated she does not have any chickens. In response to Ms. Zalman, Officer Rendondo replied the property was last inspected on April 17, 2023. He could not determine if the property was in compliance because the Respondent denied him access to the property. Ms. Zalman advised an Order will be received via mail and if chickens are seen again the fine will be $75 per day until it is complied. She noted that as of this date, administrative fees in the amount of$384.12 have accrued. The Respondent stated she cannot pay the fees; she does not have the money. Ms. Zalman indicated that Officer Rendondo will be coming back to confirm that the property is in compliance. The Respondent questioned if she has a live chicken, she needs permission from the City to eat it. Officer Rendondo stated that Chapter 4 Section 18, says poultry must be removed from property including chickens. Ms. Zalman advised that the specific ordinance says that live poultry cannot be present, so her interpretation is that she cannot have a live chicken at her home. Candice Stone, Community Standards Director, indicated there is a witness who is a neighbor who has seen the chickens and can testify as of recently. Shiloh Toler, neighbor/witness, was present. She stated she has witnessed the chickens next door and noted that sometimes the chickens fly over the fence into her yard. She also mentioned an odor in the yard. Ms. Zalman asked how long ago this was. Ms. Toler stated the last time a chicken flew into her yard was on Saturday. Ms. Zalman advised if the Respondent is going to live in this home in this community, she cannot have livestock or poultry. Her recommendation is to allow the Officer to confirm Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 that there are no chickens, so the case can be closed. If she does not allow the Officer to confirm that the case is closed, it will remain as an open violation and continue to accrue at $75 per day. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 8, 2023, or a fine of$25 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-2028 Golden Realty LLC Property Address: 389 Winchester Park Boulevard Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was February 15, 2023, and the Respondent did appear. A compliance date was set for March 6, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on April 17, 2023, and the violation still exists. There are 44 days of non- compliance, and the fine continues to accrue at $150 per day. As of this date, the fine is $6,600, plus administrative fees in the amount of$384.12, for a total of$6,984.12. 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 of $6,984.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-3070 SFR XII NM Miami Owner 1 LP Property Address: 319 SW 9t" Avenue Officer Chevalier Bien-Aime advised that the Respondent has an authorized agent, but the form has not been notarized. Ms. Zalman stated the owner is not the same name, so he will not be able to speak. He can listen to what is said at the Hearing, but he will not be able to add any information. Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was February 15, 2023, and the Respondent did appear. A compliance date was set for March 21, 2023, or a fine of $100 per day, plus administrative fees. The violation still exists. The property was last inspected on April 17, 2023. There are 29 days of non- Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 compliance, and the fine continues to accrue at $100 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. Ms. Zalman certified the fine for $3,284.12, which includes administrative fees and costs. She noted the fine is still accruing at $100 per day, and she hopes the owner notifies the City once they are in compliance, so the fine will stop. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$3,284.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2314 L G Import Export Inc. Property Address: 724 North Federal Highway Officer Estime presented this case. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did appear. A compliance date was set for February 21, 2023, or a fine of $100 per day, plus administrative fees. The property was inspected, and the violation complied on March 2, 2023. There are eight days of non-compliance. As of this date, the fine is $800, plus administrative fees in the amount of $384.12, for a total of $1,184.12. 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 $1,184.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2867 Lindsey Samuel Middleton Property Address: 1200 NW 1St Street Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on February 15, 2023, and the Respondent did appear. A compliance date was set for March 20, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on April 12, 2023, and the violation still exists. There are 30 days of non- compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $2,250, plus administrative fees in the amount of$384.12, for a total of$2,634.12. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 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 certified the fine of $2,634.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2985 FKH SFR Propco J LP Property Address: 529 NW 11th Avenue Officer Estime presented this case. The Special Magistrate Hearing was on February 15, 2023, and the Respondent did appear. A compliance date was set for March 6, 2023, or a fine of$75 per day, plus administrative fees. The property was last inspected on March 7, 2023, and the violation still exists. There are 44 days of non-compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $3,300, plus administrative fees in the amount of$384.12, for a total of$3,684.12. 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 of $3,684.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-3239 Po Ying Sem Trust Property Address: 621 NW 2nd Street Officer Estime presented this case. The Special Magistrate Hearing was on February 15, 2023, and the Respondent did not appear. A compliance date was set for March 6, 2023, or a fine of $250 per day, plus administrative fees. The property was inspected, and the violation complied on March 10, 2023. There are three days of non-compliance. As of this date, the fine is $750, plus administrative fees in the amount of $384.12, for a total of $1,134.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Decision As no one was present to testify, Ms. Zalman certified the fine of $1,134.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 23-0166 Himmelbaum Justin Property Address: 510 NW 11th Avenue This case complied prior to the Hearing. Officer Estime advised that the property owner requested an extension, and he noted that the City wants to move the compliance date to March 10, 2023. Ms. Zalman commented that they want to enter an order moving the compliance date. She asked if the administrative fees in the amount of$384.12 have been paid. Officer Estime replied yes, administrative fees have already been paid. Ms. Zalman asked if Officer Estime wished to add a reason to the record as to why the compliance date was extended. Officer Estime stated this is a rental property, and the tenant did not pay the utility bill, so he felt it was the tenant's fault why the Respondent was taken to the Hearing. It was outside of the Respondent's control. He had to pay the utility bill and moving forward he will continue to pay it until he evicts the tenant. Decision Due to the City's request, Ms. Zalman ordered the compliance date be moved to March 10, 2023. Fine Certification Hearing Case No. 22-2104 Nakash Christopher Property Address: 1202 Meadows Circle Officer Hill presented this case. The Special Magistrate Hearing date was January 18, 2023, and the Respondent did not appear. A compliance date was set for February 1, 2023, or a fine of$75 per day, plus administrative fees. The property was last inspected on March 13, 2023, and the violation has complied. There are 41 days of non-compliance at $75 per day. As of this date, the fine is $3,075, plus administrative fees in the amount of$384.12, for a total of$3,459.12. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 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 certified the fine of $3,459.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2670 Boynton Beach Distribution Property Address: 2900 NW Commerce Park Drive Officer Hill presented this case. She advised the property owner has applied for an extension and has paid the administrative fees already. The City is recommending that the original Board order compliance date be extended to April 3, 2023. Ms. Zalman advised the City is saying this must be in compliance by a certain date and they are recommending an extension to April 3, 2023, because of some kind of circumstance. She assumed the Respondent agreed to this. The Respondent stated they already paid the fine. Ms. Zalman indicated that she was going to agree to the extension of the compliance date, which means nothing is due and the case is closed. She noted there will not be a fine, and administrative fees in the amount of$384.12 were paid, so this will be a closed matter. Decision Due to evidence and testimony, Ms. Zalman ordered the compliance date to be moved to April 3, 2023, and stated that administrative fees in the amount of$384.12 were paid, so this case is closed. Fine Certification Hearing Case No. 22-2818 Connors Beth Property Address: 901 NW 10th Court Officer Hill presented this case. The Special Magistrate Hearing was February 15, 2023, and the Respondent appeared. A compliance date was set for March 6, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on April 17, 2023, and the violation still exists. There are 45 days of non-compliance, and the fine continues Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 to accrue at $75 per day. As of this date, the fine is $3,375 and the administrative fee has been paid. Michael Hogan, was present on behalf of the owner. Ms. Zalman commented that Mr. Hogan is not the owner, but he is authorized to speak on the owner's behalf. She noted that the fine is currently $3,375 and still accruing at $75 per day. Mr. Hogan stated that the Respondent has done her best to comply with the violations. She does not live in Boynton, and the property is a halfway house. He submitted witness statements and read an incident timeline the Respondent put together. The Respondent feels she has tried to respond to all the violations to the best of her ability, she was given the wrong information by the Business Tax Division and the Development Department and the Community Standards Division. She was also given the wrong application for the business paperwork, which wasted some of the time needed to respond to the violations. Ms. Zalman advised that the timeline was very well done. Officer Hill indicated there were other violations that were corrected. She could not apply or pay for the rental license until her son was there. Ms. Zalman stated the property is still in violation, so she is going to certify the fine. The timeline can be brought to her when the Respondent applies for a Lien Reduction Hearing. Decision Due to evidence and testimony, Ms. Zalman certified the fine for$3,375. It was noted that administrative fees in the amount of$384.12 have already been paid. Fine Certification Hearing Case No. 22-1140 Harvest Residential II LLC Property Address: 2303 South Federal Highway, 5 Property Violation(s): CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 316 LDR CH 2 ART 4 SEC 2A2 License required for home rental. A Building permit is required for the water heater. Officer Weixler presented this case. The Notice of Violation date was May 2, 2022. The Special Magistrate Hearing was February 15, 2023, and the Respondent did not appear. A compliance date was set for March 6, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on April 19, 2023, and the violation Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 still exists. There are 43 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $4,300, plus administrative fees in the amount of $384.12, for a total of$4,684.12. Jamone Robinson, Property Manager, was present. Officer Weixler submitted the form giving Mr. Robinson authorization to speak. Ms. Zalman advised that the fine is still accruing at $100 per day and the total fine as of this date is $4,684.12. The fine will continue to accrue until the case is closed. Mr. Robinson stated he was present at the February Hearing, but he was not counted. Ms. Zalman indicated it was like no one was present because he could not provide testimony. Mr. Robinson commented that they just had a submission through the website and then his plumber was in an accident, but they are finally working it out and it should be done by the end of this week. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $4,684.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1144 Harvest Residential II LLC Property Address: 2303 South Federal Highway, 9 Property Violation(s): CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 316 LDR CH 2 ART 4 SEC 2A2 License required for all rentals. Permit required for water heater. Officer Weixler presented this case. The Notice of Violation date was May 2, 2022. The Special Magistrate Hearing was February 15, 2023, and the Respondent did not appear. A compliance date was set for March 6, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on April 18, 2023, and the violation still exists. There are 43 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $4,300 plus administrative fees in the amount of $384.12, for a total of$4,684.12. Jamone Robinson, Property Manager, was present. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Officer Weixler submitted the form giving Mr. Robinson authorization to speak. Ms. Zalman noted the compliance date was the same, March 6, 2023. The current fine is $4,684.12 and still accruing at $100 per day. Officer Weixler stated the violations are the same, the Respondent owns two units. Ms. Zalman advised an order will be received in the mail in a few weeks. Mr. Robinson commented that when the properties were purchased the water heaters were installed before. Ms. Zalman indicated that can be discussed at the Lien Reduction Hearing. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $4,684.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1500 Investment Holdings LLC Property Address: 305 East Ocean Avenue, #110 Property Violation(s): CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 13-16 License required for home rental. Officer Weixler presented this case. The Notice of Violation date was June 3, 2022. The Special Magistrate Hearing was on September 21, 2022, and the Respondent did not appear. A compliance date was set for October 21, 2022, or a fine of $25 per day, plus administrative fees. On April 19, 2023, the violation still exists. There are 180 days of non- compliance, and the fine continues to accrue at $25 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. 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 $4,884.12, which includes administrative fees in the amount of$384.12. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Fine Certification Hearing Case No. 22-2137 Brown-McIntosh Valrie Property Address: 145 SE 3rd Avenue Property Violation(s): LDR CH 3 ART 2 SEC 6 Safe core triangle required. All plantings cannot be higher than 36 inches. Officer Weixler presented this case. The Notice of Violation date was July 29, 2022. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 16, 2023, or a fine of$150 per day, plus administrative fees. On April 19, 2023, the violation still exists. There are 61 days of non- compliance, and the fine continues to accrue at $150 per day. As of this date, the fine is $9,150, plus administrative fees in the amount of$384.12, for a total of$9,534.12. 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 $9,534.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2397 2107 SE 3rd Street LLC Property Address: 2109 SE 3rd Street Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for Unit B interior renovation. Officer Weixler presented this case. The Notice of Violation date was August 29, 2022. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 6, 2023, or a fine of$150 per day, plus administrative fees. On April 19, 2023, the violation still exists. There are 71 days of non- compliance, and the fine continues to accrue at $150 per day. As of this date, the fine is $10,650, plus administrative fees in the amount of$384.12, for a total of$11,034.12. 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 $11,034.12, which includes administrative fees in the amount of$384.12. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Fine Certification Hearing Case No. 22-3109 Copeland R Diane TR Property Address: 902 South Seacrest Boulevard Property Violation(s): CO CH 10 SEC 10-56D Secure residence. Officer Weixler presented this case. The Notice of Violation date was November 22, 2022. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 1, 2023, or a fine of$250 per day, plus administrative fees. The property was last inspected on February 16, 2023, and the violation was complied. There are 15 days of non-compliance at $250 per day. As of this date, the fine is $3,750, plus administrative fees in the amount of $384.12, for a total of $4,134.12. 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 $4,134.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2443 Pier Luc & Pierre Marie Property Address: 510 East Gateway Boulevard Officer Guillaume presented this case. The Special Magistrate Hearing was January 18, 2023, and the Respondent appeared. A compliance date was set for February 21, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on April 18, 2023, and the violation still exists. There are 57 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $5,700, plus administrative fees in the amount of$384.12, for a total of$6,084.12. Luc Pier, owner, was present. Ms. Zalman advised that there is evidence the fine still exists and is still accruing at $100 per day. She is going to certify the fine and once it is in compliance, they need to notify the City, so a final inspection can be done to stop the daily accrual. The Respondent stated when he calls the Building Department there is no answer. The first time he came for the case, his daughter spent five hours the next day getting the license and when they finished, they told her a letter would be sent with a date for the Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 inspection. He waited and never received a letter. His daughter called again and was told they did not see the application in the system, so she applied again and paid $25. She was again told a letter would be sent, but he never received a letter. Ms. Zalman asked what happened with the date for the inspection. Officer Guillaume stated that Mr. Pier applied for the license and was told they were going to call him for the inspection. The Respondent questioned if someone could check because he is still waiting for the letter. Ms. Zalman indicated she did not think there was a letter She asked what the notes on the portal currently say. The Respondent stated they put violation, but he does not know why he is in violation because he applied for the license. Ms. Zalman suggested the Respondent speak with Officer Guillaume after this Hearing. Officer Guillaume advised they are scheduled for an inspection tomorrow. Ms. Zalman commented that hopefully the inspection will close the case and if not, he will know why, and he can resolve any issues. She stated that an order will be received in the mail for $6,084.12, which will continue until the case is closed. She explained that this is a Fine Certification Hearing, the case is still open, and she is certifying the fine. Once the case is closed, he can apply for a Lien Reduction Hearing, make a timeline, and present any evidence he wishes. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $6,084.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0125 Momperousse Emmanuel Property Address: 203 SE 26th Avenue Officer Karageorge presented this case. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 21, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on April 19, 2023, and the violation still exists. There are 58 days of non- Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $5,800, plus administrative fees in the amount of$384.12, for a total of$6,184.12. 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 $6,184.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2150 PAD Properties LLC Property Address: 186 SE 27th Court Officer Karageorge presented this case. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 21, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on April 18 and 19, 2023, and the violation still exists. There are 58 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $5,800, plus administrative fees in the amount of$384.12, for a total of$6,184.12. 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 $6,184.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0338 Tarca Donald E Jr. Property Address: 1086 SW 25th Place Tanya Guim, Administrative Supervisor Community Standards, requested to rescind the Order issued on March 15, 2023, as this case was cited improperly. Ms. Zalman asked if Ms. Guim needed an Order to Rescind. Ms. Guim replied yes. Ms. Zalman issued an Order to Rescind. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Decision As per Ms. Guim's request, Ms. Zalman issued an Order to Rescind the Order issued on March 15, 2023. Lien Reduction Hearing Case No. 10-2859 Smith Roger Property Address: 714 NE 9t" Avenue Property Violation(s): Code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was September 24, 2010. The Special Magistrate Hearing was November 17, 2010, and the Respondent did not appear. A compliance date was set for November 27, 2010, or a fine of$100 per day, plus administrative fees. The Respondent complied on October 19, 2021. There are 3,978 days of non-compliance at $100 per day. As of this date, the fine is $397,800 plus administrative fees in the amount of$634.12, for a total of$398,184.12. Dina Gray, Attorney for the Estate of Roger Smith, was present. Ms. Zalman advised there is a large fine in the amount of $397,800 not including administrative costs of$634.12. She questioned if this was a Homestead property for her client. Ms. Gray replied, yes, this was a Homestead property. Ms. Zalman asked Ms. Gray to explain why the fine should be reduced. She questioned if the State was trying to sell the property. Ms. Gray stated that Mr. Smith passed away in May 2021, and his daughter, Michelle Smith, is battling cancer and is not well enough to travel. When the Estate went to sell the property and put the property on the market, a few months later in July 2021, they got a contract purchaser in August 2021 and then as standard procedure when a contract purchaser buys a property, they run title and that is when Michelle Smith became aware there was a huge fine and lien on the property that had been running for over ten years. Ms. Zalman asked if Ms. Gray knew how much they wanted to sell the property for. Ms. Gray did not have that contract with her. Ms. Zalman assumed the lien might exceed the price. Ms. Gray indicated she was not involved in that transaction, so she could not state what it was, but that is what was stated to her. They tried to get extensions with the contract Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 purchaser, but because it took time to get the property into compliance, they lost that sale. They are very motivated to get into compliance, so they can sell the property, especially since Michelle Smith is ill and would like to get this resolved. Once they learned about the lien and fines, they immediately contacted the City of Boynton Beach and started diligent efforts to get the property resolved. They worked with Code compliance and the Building Department to address what the items were. Basically, this is a case of an expired permit. The permit was for installation of windows and doors, and it was not completed and closed out. They cannot ask Mr. Smith why he did not appear at the Hearing to address what was going on, but it appears that he did not respond or did not receive notice. Her understanding from her client is that when they reached out to the City, they were given the Order imposing liens, and a case history so they could see what the violation was. They requested the City to go out to the property to do their inspection and she understood while they did the inspection it was noted that there were other items on the property, specifically in the backyard. There was a gazebo, tiki hut, and shed that were in setbacks, and she understands there was not a permit for those items, or one could not be located. That means there are additional permits needed to get those items into compliance. There were also a few gate latches that needed to be repaired. Michelle Smith was trying to determine if they could keep the gazebo, tiki hut, and shed. Ms. Zalman asked how much they spent to bring it into compliance. Ms. Gray replied yes, she has a spreadsheet. They spent $33,725 and from their spreadsheet from when they had the contract purchaser, for continuing to pay the mortgage, electric, landscape, and running the pool is an additional amount, which brings it to $114,525 since they were not able to sell the property. Ms. Zalman questioned what the $33,725 was for. Ms. Gray stated that was for demolition. In order to get the property into compliance as quickly as possible they demoed the structures, so the demolition, screen doors, gate repair, and they also failed another inspection because there was a roof issue identified by the inspector, so they had to get another contractor to repair the roof. As soon as they learned about this, they made a diligent effort to get the property into compliance. It takes time to get permits, get a new contractor, submit, get corrections, Code compliance has to go out, and then the contractor has to go back out. Additional items were noted and each time an item was noted, the Estate took care of it to get the property into compliance. She understands there were administrative costs and inspection costs when the original lien was certified in the amount of $634.20 back then. This is not a health safety welfare type of case. Ms. Zalman indicated her notes have a City recommendation of a reduction to 10%, which is $39,780, plus administrative costs of$634.12. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Gray asked that in addition to a legal perspective that nothing had been done by her client, who was not aware by the City, this was something that was overlooked, and it is not due to the actions of her client. The funds would be extremely important to her client right now as she is battling breast cancer. Ms. Zalman commented that this is a terrible circumstance. She asked if the Estate gave her a number. She has $39,780 from the City, and she has not yet taken into consideration the $33,000 spent. She is not taking the $114,000 into consideration because that is the cost of running the home. Ms. Gray asked if Ms. Zalman took into account that the $33,000 from the $39,000 and asked iff that would be a fair number. Ms. Zalman indicated that she tries to find a fair compromise. Supervisor Pierre stated he did not have any other information to add. The property is beautiful. Ms. Zalman advised that she removed the $33,000 from the lien, which would be down to $364,000. Even if she took the 10% it is still $36,000. If they had the other contract, she would say that could be paid out of the proceeds, but it is going to have to be paid out of pocket. Ms. Smith will have to come up with these funds within 90 days; otherwise, it reverts to the original fine. This is not a commercial property, and she understands this was a Homestead, which she always reduces 10%. Even if she does that, it is still $10,944 because the initial lien is so large. Her inclination is $10,944 and that does not include the $634.12 because that is not part of the reduction. Ms. Gray asked if Ms. Zalman would be inclined to make it an even $10,000. Ms. Zalman replied yes. Ms. Gray stated she will speak with Ms. Smith and see what she can do. Ms. Zalman indicated $10,000 would be the amount. It goes to the City Commission to approve in the next two weeks and then it can be paid. If it needs to be paid sooner because of a sale, they can contact Code Enforcement. If they want to appeal it, they can go to the City Commission in the next seven days. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $10,000, which includes administrative fees in the amount of$384.12, payable within 90 days or the fine will revert to the original amount. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Lien Reduction Hearing Case No. 19-1673 Lassise Andrew Property Address: 223 SW 11th Avenue Property Violation(s): Cited for code sections stated below. Supervisor Pierre presented this case. The Notice of violation was July 17, 2019. The Special Magistrate Hearing was on September 16, 2020, and the Respondent appeared. A compliance date was set for November 15, 2020, or a fine of $50 per day, plus administrative fees. The Respondent complied on December 19, 2021. There are 398 days of non-compliance at $50 per day. As of this date, the fine is $19,900, plus administrative fees in the amount of$384.12, for a total of$20,284.12. Andrew Lassise, owner, was present. Ms. Zalman asked if this is Homestead property. The Respondent stated it was not his Homestead, but he was not making any income. Ms. Zalman commented that it is a house he has, that he did not make a Homestead. The lien is $19,900 plus administrative fees of $384.12. She advised that the City's recommendation is a 20% reduction, which is $3,980, so the total would be $19,900 down to $3,980, plus administrative fees of$384.12. The Respondent indicated on November 8, 2019, he was given a list of eight things that were in non-compliance. Over the course of the next six months, he spent $13,107.84 for all of the items on the list and the only thing left was Item #7, which is interior/exterior without a permit that is no where near done. On February 19, 2020, he was introduced to William Eldrid of AC Permits and on March 4, 2020, he paid Mr. Eldrid $900 to close out the window permit, which was the final piece that was missing on the violation. Since that time, he has over 20 different text messages and 15 phone calls from himself to Mr. Eldrid following up on the single permit for the window that was replaced without a permit. There were 35 different contacts with him saying they were so close and Covid was going on at the time, so he gave him the benefit of the doubt. He appeared at the Special Magistrate Hearing on September 16, 2020, with Mr. Eldrid, who took the lead and blamed Boynton Beach, saying he was trying to get the permit through, and it was all their fault. It ended with them giving him two more months and Mr. Eldrid stated he would have it done. He started the process with Mr. Eldrid on February 19, 2020, and seven months later Mr. Eldrid said he understood and that he would get it done. On November 30, 2020, he called the City and was told Mr. Eldrid had not applied for the permit. He was taken advantage of $900. Then he received another list of violations, which are unrelated to the first list and that was eventually solved in January 2021, and the next two years are new violations and things that were not part of the initial citation. Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Zalman asked if there was a tenant at the property. The Respondent stated people were living there, but he was not making money. It was sort of an arrangement with someone who was doing work for him. Ms. Zalman commented that it was like a barter system. Under the Statute that falls under a tenancy, but that is another issue. The Respondent stated he has a Business Tax Receipt. Bringing everything to today, he got three more lists on top of the first one of unrelated things. He has six pages of documentation and receipts, and the number comes out to $40,779.52, a ballpark of two hours per month over 78 months, and billed his client $300 per hour, which came out to $23,400. He had been trying to sell the property and the market has cooled 8% since the time when he was trying to sell it in September when his father passed away, which brings the opportunity cost of the market a lowering of $38,800 totaling his entire opportunity cost plus hard costs to $113,486.73 trying to get this handled and that is ignoring the investment he would have made in the stock market that is up now. Ms. Zalman questioned if the property is currently for sale. The Respondent stated the property is sold contingent on this meeting. Ms. Zalman asked when the closing date is. The Respondent replied the closing date was a month ago and they have been waiting. Last month, he was under the impression from an email he received that he should bring a check to the Lien Reduction Hearing, but he has not looked at the attachment that says it needs to happen before the Hearing, so he brought it, but that was not sufficient. Ms. Zalman asked if they were holding an escrow from him to protect the buyer. The Respondent stated the property is still in his name contingent on this meeting. His response is that it has cost him about $173,000 to get it into compliance. Ms. Zalman advised that the City has proposed $3,980 plus administrative fees in the amount of$384.12. She asked what the Respondent thought was fair. The Respondent replied that he believes $2,000 is fair. Ms. Zalman indicated she was going between 20% to 12% and trying to take into account his numbers and time. She noted to his benefit, everything he did is an increase to benefit the community because he made a better property. She thinks $2,600 plus administrative fees in the amount of$384.12 would be fair, which is a little under 15%. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 The Respondent agreed that is fair. Ms. Zalman stated the total would be $2,984.12, which includes fees and costs. The next step is that he will have to contact Tanya if he wants to coordinate and get a letter that is what the fine has been reduced to because it will take time to go to the City Commission. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to$2,984.12,which includes administrative fees in the amount of $384.12m payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 20-3114 TAH 2017 2 Borrower LLC Property Address: 121 SW 7t" Avenue Property Violation(s): As cited for code sections stated below. Supervisor Pierre presented this case. The Notice of Violation was December 10, 2020. The Special Magistrate Hearing date was April 21, 2021, and the Respondent did not appear. A compliance date was set for May 21, 2021, or a fine of $50 per day, plus administrative fees. The Respondent complied on May 6, 2022. There are 502 days of non-compliance at $50 per day. As of this date, the fine is $25,100, plus administrative fees in the amount of$384.12, for a total of$25,44.12. Wendy Fabel, Property Manager, was present. Ms. Zalman advised the lien is $25,100. She noted this is an investment property. The City reviews these in advance and their recommendation is a reduction to $5,020 plus administrative fees in the amount of $384.12, for a total of $5,404.12. This must be paid within 90 days, otherwise, the fine reverts back to the original amount. Ms. Fabel stated they would have it taken care of immediately. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to$5,404.12,which includes administrative fees in the amount of $384.12m payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 22-1359 Warner Christalyn Property Address: 719 SE 3rd Street Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Property Violation(s): As cited for code sections stated below. Supervisor Pierre presented this case. The Notice of Violation was on May 19, 2022. The Special Magistrate Hearing was 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 Respondent complied on March 8, 2023. There are 69 days of non-compliance. As of this date, the fine is $6,900, plus administrative fees in the amount of$384.12, for a total of$7,284.12. Christalyn Warner, owner, was present. Ms. Zalman asked if this is the Respondent's Homestead. The Respondent replied yes. She stated this was for a permit for the roof and windows for a structure in the back of the house. Ms. Zalman advised that the City has reviewed this for an extensive reduction down to $345, which is 5%, plus administrative fees in the amount of $384.12, for a total of $729.12. The Respondent thinks the reduction is wonderful. As she was cited for the roof and windows they went through the process in November or December. After working with the City and going over the process, there was a possibility of a variance for the building to stay, which did not go through. She was recommended to have an Inspector look at the building. The building was in the setback, so the only recommendation was to tear down the building, which she did for a cost of$4,400. The property was sold with a survey, and she was then told she had to demolish the building. The next step is hiring an attorney and going back to the original sale of the house. Ms. Zalman believes the City has reviewed this and that is why the reduction was extensive. The Respondent stated she was fine with the reduction. Ms. Zalman advised an order will be received in the mail and $729.12 must be paid within 90 days, otherwise it reverts back to the original amount. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $729.12, which includes administrative fees in the amount of$384.12, payable within 90 days or the fine will revert to the original amount. Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Lien Reduction Hearing Case No. 22-1908 Lariviere Alfred Property Address: 2116 NE 3rd Street Property Violation(s): As cited for code sections stated below. Supervisor Pierre presented this case. The Notice of Violation was July 11, 2022. The Special Magistrate Hearing was 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 Respondent complied on October 19, 2022. There are 33 days of non-compliance. As of this date, the fine is $3,300, plus administrative fees in the amount of$384.12, for a total of$3,684.12. Alfred Lariviere, owner, was present. Ms. Zalman advised the City's recommendation is to reduce the lien from $3,300 to $660 plus administrative fees in the amount of $384.12, payable within 90 days. The total is $1,044.12, which includes administrative fees. An order will be received in the mail in about a week with instructions on how to pay. The Respondent thanked Ms. Zalman. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to$1,044.12,which includes administrative fees in the amount of$384.12, payable within 90 days or the fine will revert to the original amount. NON-AGENDA Case No. 22-3023 Property Address: 640 East Ocean Avenue, Unit 23 Tanya Guim, Administrative Supervisor Community Standards, requested a 60-day extension on the time of compliance given to the owner. She explained this case was heard at the February 15, 2023 Hearing, and at that time all the evidence presented was by the tenant, who said he was the owner. The Order was issued, which said the owner appeared, and the property owner called yesterday saying he did not appear at the Hearing. In revising the case and the minutes, the person who presented the case was the tenant, who identified himself as the owner of the business. The owner is questioning how we ruled when he was not there. This case is about remodeling on a commercial bay. She is requesting an extension for compliance, so she can amend the Special Magistrate Order to give more time and to show that no one appeared. Ms. Zalman asked what date Ms. Guim wanted to extend the date to. Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 19, 2023 Ms. Guim replied that she wanted to extend the date from March 21, 2023, to June 21, 2023; it will be 90 days. Ms. Zalman advised she will issue an Order to amend the original Order to extend the compliance date to June 21, 2023. Decision Due to Ms. Guim's request, Ms. Zalman issued an Order to amend the original Order to extend the compliance date to June 21, 2023. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:37 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 34